Syracuse, New York, Toxic Torts

Jed Dietrich, Esq., Is a Recognized Super Lawyer Who Has Spent Decades Fighting for the Rights of Syracuse Families. If You or a Loved One Has Been Injured by a Toxin at Home or in the Workplace, The Dietrich Law Firm P.C. Could Help You Explore Your Best Options for Effective Legal Relief.

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The term “toxic tort” refers to a distinct type of civil lawsuit.

Every toxic tort differs in its details, but the common feature of every claim is exposure to a dangerous substance and subsequent injury. Most toxic torts are filed as personal injury lawsuits or product liability claims.

Not everyone who has been injured by a toxin is entitled to take their case to court.

As a general rule, you only have standing to sue if you can establish all of the following:

1. You have been exposed to a toxin that can cause disease, illness, or other medical harm;
2. Another person had a legal duty to protect you from exposure or to limit its effects;
3. You have been diagnosed with, or are otherwise suffering from, a condition associated with toxin exposure; and
4. Your injury or illness is directly attributable to the exposure.

All of these elements combined make toxic torts very different from other kinds of personal injury lawsuits. Toxic torts often require extensive medical documentation, expert input, and the weight of scientific, peer-reviewed literature to survive pre-trial motions.

You do not have to take chances with a toxic tort.

If you or a loved one has been diagnosed with a serious or life-threatening condition after being exposed to a toxin, you could be entitled to significant financial relief. Please send the Dietrich Law Firm P.C. a message online or call us at 1-866-529-5334 to speak to a toxic tort lawyer near Syracuse and schedule your 100% free, no-obligation consultation.

The 3 Sources Of Toxin Exposure

Toxic torts can be volatile, with each case influenced by the where, when, and how behind an alleged exposure. In fact, the source of a toxin and the circumstances of your exposure can make or break your lawsuit, with different states, industries, and occupations all having their own rules on liability.

For simplicity’s sake, most lawyers place exposures into the following three categories:

1. Occupational exposure. Occupational toxin exposure is any exposure that occurs at the workplace or in the course of performing work-related responsibilities. It is the leading cause of toxin exposures nationwide.
2. Para-occupational exposure. Para-occupational toxin exposure or domestic toxin exposure occurs in the home. Domestic exposure can occur if a home was built with contaminated material, or it can happen after a worker inadvertently tracks a toxin like asbestos into their home on their hair or clothes.
3. Environmental exposure. Environmental toxin exposure occurs through air, water, or soil. Some environmental toxins, such as arsenic and carbon monoxide, occur naturally. But others are artificially released into the environment through processes of pollution or as a result of natural disasters.

Different types of cases all require their own distinct approaches Sometimes going to court is not necessary, it is not always the best approach. Past legal victories against the asbestos industry have, for instance, led to the creation of dozens of asbestos bankruptcy trusts. These trusts exist solely to compensate the victims of the asbestos industry’s negligence, and they still hold more than $30 billion in unclaimed funds.

The Dietrich Law Firm P.C. could help you explore your best options for effective legal relief. Please send us a message online or call us at 1-866-529-5334 to speak to a toxic tort lawyer near Syracuse and schedule your free consultation.

The 5 Most Common Causes Of Toxic Torts

Any wrongful exposure to a toxic substance could serve as the basis for a personal injury lawsuit or product liability claim. However, an unequal number of all toxin-related lawsuits and civil actions involve a relatively small handful of substances. These include, but are not limited to, the following:

1. Asbestos

Asbestos is a naturally occurring mineral that was widely used to fireproof construction materials and reinforce other products. The commercial use of asbestos was restricted in the 1970s, but it can still be found in tens of millions of homes, schools, and offices across the country. Exposure to asbestos is associated with a variety of serious respiratory conditions, up to and including malignant mesothelioma, an aggressive cancer with a very low survival rate.

2. Talc

Talc is another naturally occurring mineral that has, for decades, been combined with other materials to make products as diverse as baby powder, rubber bands, and paint. Scientists are still trying to determine what talc exposure can do to the body, but some studies suggest that exposure correlates with a higher risk of ovarian cancer in women and lung cancer generally. Many talc deposits also form in close proximity to asbestos, making cross-contamination a real and well-documented possibility.

3. Lead

Lead, just like asbestos, was used by many different industries throughout the 20th century. Its use is heavily regulated today, but remnant lead-containing materials are frequently cited as key contributors to a range of physical illnesses and mental health conditions.

4. Industrial Chemicals

Many industrial chemicals, like benzene and mercury, are categorized as carcinogens and are capable of causing cancer.

5. Prescription Drugs

If improperly produced or inadequately tested, prescription drugs and other pharmaceutical products can pose a serious threat to the general public. Injuries and adverse reactions are common. In many cases, patients have a right to recover damages from companies that do not do their due diligence before, during, and after bringing a medication to market.

Fighting For Your Rights After A Toxin Exposure

You should never be forced to pay the price for an employer or property developer’s negligence. However, compared to other types of lawsuits, toxic torts often involve high stakes not just for plaintiffs but also for defendants. Even when all the evidence is on your side, it could take years to finally force a trial.

You do not have to take chances with your right to a fair recovery.

For more than 20 years, the Dietrich Law Firm P.C. has fought for the rights of injured workers and their families. If you or a loved one has been diagnosed with a toxin-related injury or illness, you could be entitled to significant compensation.

Depending on the circumstances of your claim, you may be able to receive damages for:

1. Your medical debt;
2. The cost of anticipated and long-term care;
3. Physical therapy;
4. Counseling;
5. Lost income from work;
6. Diminished earning potential;
7. Loss of enjoyment;
8. Pain and suffering;
9. Wrongful death; and
10. Funeral and burial expenses.

New York does not currently cap damages in most toxic torts, but your case could be subject to stringent statutes of limitation with surprisingly open-ended deadlines. Any mistake, no matter how minor, could lead to your case being dismissed on a technicality.

You do not have to put your faith in an insurance company’s defense attorney.

Since our founding in 2005, the Dietrich Law Firm P.C. has helped our clients in Syracuse and throughout Upstate New York obtain more than $250 million in damages. We could help you, too. Please send us a message online to speak to a personal injury lawyer and schedule your 100% free, no-obligation consultation before the statute of limitations runs out.

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Call the Dietrich Law Firm P.C. immediately at 1-866-529-5334 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Syracuse, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!

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