Toxic Tort Attorneys in Chicago

Toxic tort cases are among the most challenging legal cases to navigate. To mount an effective defense, one must have an in-depth understanding of scientific literature, medical science, and technical details surrounding the substance in question.

In cases like these, reliable legal representation is of paramount importance. If you’re seeking a team of toxic tort attorneys with unparalleled experience, Hart McLaughlin & Eldridge is the clear choice.

What Is Toxic Tort Law?

A toxic tort case is a legal claim brought when the plaintiff has been harmed by a type of toxic substance. These lawsuits can also involve substances like:

Fossil fuels
Pharmaceuticals
Tobacco
Lead
Pesticides and herbicides
Benzene
Harmful plastics
Groundwater contamination and environmental toxins

To win a toxic tort case, the plaintiff’s attorney must be able to prove the following:

The plaintiff was exposed to a harmful substance
The defendant was responsible for the plaintiff’s exposure
The plaintiff suffered demonstrable harm as a result of their exposure
The exposure to the substance was the proximate cause of harm

To outsiders, toxic tort cases may seem straightforward. However, these cases are incredibly nuanced, and they’re often complicated by media coverage.

There may be conflicting expert opinions regarding the safety of a given substance. Even if the court determines that the substance is toxic, it may be difficult for the plaintiff’s attorney to prove that exposure was the proximate cause of harm.

Toxic tort cases are often brought after thousands of people allege that a particular substance has impacted them. As a result, a large proportion of these cases are mass torts or class action lawsuits.

Types of Toxic Torts We Handle

Toxic tort attorneys constantly monitor the legal landscape for potential cases. Here are a few examples of the types of cases we’ve litigated for our clients:

Perfluoroalkyl and Polyfluoroalkyl Substances (PFAS)

PFAS lawsuits have become increasingly common in recent years. PFAS are sometimes called “forever chemicals” because they’re virtually indestructible and can build up in the environment and the human body over time.

PFAS lawsuits often focus on environmental damage and human health issues.

Pesticides and Herbicides

Pesticides and herbicides are used in the agricultural industry and in suburban backyards. However, certain chemicals have been linked to serious health issues. The most notable example is that of weed killer Roundup.

Glyphosate, the active ingredient in Roundup, has been linked to non-Hodgkin lymphoma and other conditions. Roundup’s manufacturer has paid billions of dollars to those allegedly harmed by the product, with many lawsuits still ongoing.

Toxic Mold

Mold occurs naturally, but some types can cause life-altering medical issues.

Toxic mold lawsuits aren’t as prevalent as other types of toxic torts. The defendants are ordinarily building managers or landlords who allegedly failed to address complaints of water damage or existing mold.

Benzene

Benzene is one of the most widely used chemicals in the U.S. It can be found in many deodorants, dry shampoos, sunscreens, and other personal care products.

Because benzene is a known carcinogen, thousands of plaintiffs have sued the manufacturers of these products, alleging that exposure to the chemical directly led to their conditions.

Lead

Lead poisoning might seem like a thing of the past, but many contemporary toxic torts have to do with lead-related illnesses. For example, because lead is present in some telecommunication cables, utility workers have sued several major telecom companies.

Although lead paint has been banned for quite some time, lawsuits concerning it aren’t unheard of. Some property management companies rent out older buildings that still have lead paint on the walls and don’t inform prospective tenants of the potential hazard.

Tenants (and especially their children) can develop lead poisoning after moving into affected units. Some have successfully sued landlords and even public housing authorities for failing to disclose the danger.

FAQ

Are All Toxic Tort Cases Also Product Liability Cases?

No. While many toxic torts are related to product liability claims, not all are. For example, if a chemical plant improperly disposes of chemical waste and it contaminates the groundwater, the plaintiff would likely have a negligence claim instead.

Who May Be Found Liable in Toxic Tort Cases?

Depending on the circumstances, a plaintiff may successfully sue multiple parties linked to a given toxic substance. Manufacturers of hazardous substances, companies that store or emit toxins, and owners of sites contaminated by various materials are all potential defendants.

Does Illinois Follow the Discovery Rule in Toxic Tort Cases?

Yes. In Illinois, the statute of limitations starts when a plaintiff discovers (or should have reasonably discovered) symptoms of exposure to a given toxin, not necessarily when they were actually exposed.

Our Environmental & Toxic Tort Attorneys

Work With a Chicago Toxic Tort Attorney You Can Count On

Whether you’re an individual who has been harmed or the owner of a company in need of toxic tort attorneys who can raise an effective defense on your behalf, now is not the time to cut corners. When your future is on the line, you need a legal team that’s intimately familiar with toxic tort litigation.

The capable team at Hart McLaughlin & Eldridge has more than 100 years of combined experience helping clients like you navigate toxic tort litigation. We’ve successfully tried asbestos and other toxic tort cases across the country, and we/ve served as National Trial Counsel, National Coordinating Counsel, and National Discovery Counsel.

If you require the services of a skilled toxic tort attorney, contact us today to schedule a consultation.

Chicago Toxic Tort
Attorneys

What Is Toxic Tort Law?

Types of Toxic Torts We Handle