Toxic Tort

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Toxic tort attorneys strive to prove liability and seek justice for damages that were caused as a result of a dangerous chemical, substance, medication or material that was not properly controlled by the source. There are many types of products, materials, chemicals, foods and beverages that have been recalled or found to cause a danger to the public after being released to the public.

In order to help public awareness, the FDA releases regular updates regarding new toxic threats. Listed below are several groups of products that they regulate.

  • Foods
  • Drugs
  • Medical Devices
  • Biologics
  • Animal Feed and Drugs
  • Cosmetics
  • Radiation Emitting Products

The areas of toxic tort that receive the most attention are product liability and medical malpractice. Based on a report that was given by the Congressional Budget Office (CBO), the majority of tort disputes never actually reach a trial verdict. Furthermore, for the period that was examined by the CBO, only 3 percent of all tort matters ever reached a jury trial. Moreover, the trend shows that in order to keep the costs of litigation down, most litigants agree to settle out of court privately. Settling confidentially helps to ensure that the case resolves without unexpected delays or uncertain outcomes.

The product which has been the center of toxic tort / mass tort litigation is asbestos. The research shows that for a twelve year period, asbestos related litigation accounted for over half of the toxic tort cases filed. The average payout for an asbestos related settlement is averaged at $309,000 at the state level and $465,000 at the Federal level with the decision going to the plaintiff in over 50 percent of the cases. For medical malpractice cases, the averages are $286,000 for a payout at the state level and $252,000 at the Federal level with 23.4 percent of the cases going to the plaintiff at the state level and 39.8 percent at the Federal. For product liability cases that are not related to asbestos, the median award was $177,000 at the state level and $368,500 at the Federal level with 37.1 percent of the cases being awarded to the plaintiff at the state level and 26.6 percent of the cases bring awarded to the plaintiff at the Federal level.

Have you been injured as a result of a dangerous substance and need the assistance of experienced toxic tort attorneys? Contact the toxic tort attorneys at environmental lawyers to handle your case today.

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