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Toxic Exposure Lawyer

Caution sign warning of Asbestos exposureToxic chemical exposure lawyers serving New York City and northern New Jersey, including Middlesex, Morris, Passaic, Hudson, Essex and Bergen County.

If you are among those who have sustained serious harm because of toxic substances in your surroundings, it may be time to consult with a toxic exposure lawyer who can help you assess your options for seeking financial compensation. Exposure to toxic substances can cause severe injuries and result in massive medical bills, financial losses and personal devastation.

For well over two decades, the NY & NJ personal injury attorneys at Eisbrouch Marsh have been dedicated to helping victims fight for their rights and secure the monetary compensation necessary to begin the process of healing.

Fundamentals of toxic torts

Toxic tort cases are claims brought by individuals who have been harmed by environmental exposure to substances that prove to be dangerous. The substances at issue may be household chemicals, pesticides, pharmaceuticals or other materials encountered during the course of daily life or under other unusual or limited circumstances.

It is sometimes the case that substances are long considered to be safe only to later be discovered to be quite dangerous. In other instances, known hazardous substances are inadvertently released into the environment, causing injury or illness. Under any of these scenarios, toxic tort litigation offers victims the opportunity to seek fair compensation for the life-altering effects of chemical exposure, and a skilled New Jersey toxic exposure attorney can prove to be an invaluable asset in the quest for justice.

Common types of toxic tort cases

The area of toxic tort litigation spans a surprisingly wide array of circumstances and injuries. Pharmaceutical cases arise when individuals take prescription or other medications that ultimately cause unintended toxic side effects. Such lawsuits may be filed against pharmaceutical companies, physicians and hospital facilities themselves. These cases require the assistance of lawyers who are well-versed in pharmacology, medicine and product liability law. At Eisbrouch Marsh, we have cultivated an expansive, reputable network of experts, researchers and support staff, all of whom work together to assemble the most effective case possible for each of our clients.

Residential toxic torts often arise when dangerous construction materials or harmful household chemicals cause serious harm to individuals in and around their homes.

Products that have been the subject of residential toxic tort cases in recent years include:

  • Carpeting and other flooring materials treated with formaldehyde
  • Dangerous Chinese drywall
  • Lead paint
  • Toxic mold
  • Asbestos-containing insulation
  • Products found to contain benzene, silica and mercury

Industrial and occupational toxic torts have made a great deal of news in recent years, with an onslaught of litigation producing massive settlements and the establishment of victim compensation funds by major corporations linked to the production, distribution and use of toxic materials. In particular, litigation brought by individuals who have been diagnosed with or who have died due to mesothelioma caused by asbestos exposure has been especially noteworthy.

Whether you have experienced short-term exposure to high levels of toxins or have undergone many years of exposure to lower levels of dangerous substances, you have a right to seek compensation for the resulting effects. The toxic tort attorneys of Eisbrouch Marsh have demonstrated their commitment to injury victims for the past 25 years and pledge to offer every client unrivaled personal service and aggressive advocacy.

Proving liability in toxic tort litigation

The plaintiff’s burden of proof in a toxic tort case will depend heavily on the specifics of the allegedly harmful exposure.

Broadly speaking, a claimant in a toxic exposure lawsuit will need to demonstrate that:

  • The substance at issue was in fact dangerous
  • Actual exposure did occur
  • Exposure to the specific substance caused tangible harm

It is important to note that defendants in this type of litigation are often deep-pocketed and well-equipped to mount strong defenses to lawsuits brought against them. One of the most contentious aspects of toxic tort litigation is the element of causation. Plaintiffs often have an uphill battle when it comes to directly identifying the true source of the substance alleged to have caused injury. It is also frequently the case that sickness due to exposure does not manifest itself until many years down the road. This is particularly true in cases involving the deadly lung disease mesothelioma.

Because the science of exposure-related illness is such a dynamic, fluid realm, it is vital that toxic tort lawyers stay abreast of any advances that can impact current and future cases. Claims that were previously deemed unwinnable due to a lack of scientific support can suddenly become viable simply because a respected authority releases a new study or publishes a new set of findings.

At Eisbrouch Marsh, we keep our fingers on the pulse of the latest scientific developments relating to every type of toxic tort matter we handle, further allowing us to provide the most effective representation possible to clients during the most vulnerable times in their lives.

Potential defendants in a toxic exposure lawsuit

Just as it can be difficult for plaintiffs to find direct links between specific substances and the actual harm suffered, it is often a challenge for claimants to identify the proper defendants in litigation. It is often wise to cast a wide net and initiate a toxic tort lawsuit against all parties who may have a link, however tenuous it may initially seem, to the product in question.

Potential defendants in toxic exposure lawsuits could include:

  • The manufacturers of chemicals and products allegedly responsible for harm
  • Product distributors
  • Makers of devices and machinery that exposes workers to substances
  • Owners of property on which exposure occurred
  • Makers of equipment that failed to prevent exposure
  • Storage facilities

Because the toxic exposure attorneys of Eisbrouch Marsh have represented plaintiffs injured by a vast array of chemicals and products, we understand the importance of ensuring that every responsible party is held accountable for placing the public at risk. We feel it is our duty not only to zealously pursue financial compensation for our clients, but also to seek justice and facilitate a greater sense of corporate responsibility to each and every consumer.

Compensation available to victims of toxic torts

The types of injuries that arise all too often from toxic exposure can ravage not only the body, but also the financial health of victims. Ongoing medical expenses, an inability to work and other economic harm can leave entire families wondering how they will be able to move forward. Fortunately, the law provides injured parties the opportunity to seek substantial compensation to cover losses and injuries.

Compensation from toxic torts may cover:

  • Past, present and future medical bills
  • Rehabilitation services
  • Lost wages
  • Reduction in earning capacity
  • Pain and suffering
  • Loss of marital relationship
  • Funeral expenses, in cases of death

In some instances, plaintiffs may also be able to recover punitive damages intended to publicly sanction a defendant whose behavior was found to be particularly egregious in nature.

Though it is impossible to predict the outcome of an individual claim, the size and scope of many recent toxic tort settlements and verdicts should give victims a sense of real hope. In July of 2014, RPM, International, Inc., the makers of Rust-Oleum paint products announced its agreement to pay $797.5 million to bring resolution to outstanding asbestos exposure claims against the company.

In January, 2014, a Cleveland man diagnosed with mesothelioma was awarded $27 million in an asbestos exposure lawsuit. July of 2013 witnessed the largest combined asbestos verdict in New York State history, when five men prevailed in their claims that abestos-tainted materials used in their work as plumbers, steamfitters, and construction workers caused them to develop the deadly lung disease.

Toxic tort lawyers with the resources you need

Exposure to toxins in the environment is among the most insidious threats we face. Whether the risk is encountered in a brief, yet potent exposure event, or takes the form of a slow, prolonged exposure, the end result can be truly overwhelming. If you have suffered life-altering harm due to toxic exposure in the workplace, in your home, or simply by taking medications later found to produce dangerous side effects, the NJ toxic exposure attorneys at Eisbrouch Marsh are ready and willing to provide the legal help you require by representing you in a personal injury lawsuit.

If you have been harmed by toxic exposure in Hackensack, Paramus, or anywhere in Bergen County, northern New Jersey, the 5 boroughs of NYC, Westchester or Rockland, taking the time to learn more about your rights places you under no obligation, and you will never owe any fees unless we secure a settlement or verdict on your behalf.

To schedule your no-cost, comprehensive case review and a straightforward assessment of your legal options, contact us at 201-342-5545.

  1. Reuters, RPM reaches $797.5 million deal to resolve Bondex asbestos claims, http://www.reuters.com/article/2014/07/28/us-rpm-intl-asbestos-settlement-idUSKBN0FX1P320140728
  2. The Times-Picayune, Chinese drywall settlements approved in five class-action cases, http://www.nola.com/crime/index.ssf/2013/02/chinese_drywall_settlements_ap.html
  3. American Bar Association, Toxic Torts: An Overview, http://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/toxictorts.html
  4. The Washington Post, New suit claiming Chinese drywall destroyed homes, http://www.washingtonpost.com/business/new-suit-claiming-chinese-drywall-destroyed-homes/2014/07/31/e7fef194-1885-11e4-88f7-96ed767bb747_story.html