2 Brooklyn, NY Toxic Torts Lawyers

Lawyer
Alani Golanski toxic torts lawyer in Brooklyn, NY

Alani Golanski

Toxic Torts lawyer in Brooklyn, NY

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Lawyer
Jean-Pierre Van Lent toxic torts lawyer in Brooklyn, NY

Jean-Pierre Van Lent

Toxic Torts lawyer in Brooklyn, NY

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What Are Toxic Torts?

A toxic tort is a personal injury caused by exposure to a poisonous substance, such as chemicals, pesticides, pharmaceutical drugs, or environmental pollutants. Common examples of toxic torts include:

  • Mesothelioma and other illnesses caused by asbestos exposure
  • Cancers linked to exposure to substances like benzene, vinyl chloride, or pesticides  
  • Lead poisoning, especially in children exposed to lead-based paint
  • Congenital disabilities caused by prenatal exposure to chemicals or drugs

When a person suffers harm due to toxic exposure, they may have grounds for a toxic tort lawsuit seeking compensation from the parties responsible for the exposure. Toxic tort cases often target product manufacturers, property owners, or employers who allegedly allowed the unsafe exposure to occur.

The Role of Toxic Tort Lawyers

Toxic tort lawyers specialize in representing plaintiffs harmed by exposure to hazardous substances. They help clients navigate the complex legal and scientific issues in proving a toxic tort claim.

Key responsibilities of a toxic tort lawyer include:

  • Thoroughly investigating the circumstances of the toxic exposure and gathering evidence
  • Working with scientific and medical experts to establish causation between the exposure and the plaintiff's injuries
  • Filing a complaint against the defendant(s) and arguing the case in court
  • Negotiating a fair settlement or zealously advocating at trial to secure maximum compensation for the client

Toxic tort lawyers often take cases on a contingency fee basis, meaning they only receive a fee if they win compensation for their clients. Plaintiffs should choose attorneys with specific experience in toxic torts and the knowledge and resources to pursue these challenging cases effectively.

Increased Risk of Toxic Torts in Cities

Cities like Brooklyn, NY face a higher risk of toxic tort cases due to their dense populations and concentration of industrial activity. Urban residents may be more likely to suffer poisonous exposures from sources such as:

  • Old buildings containing asbestos insulation, lead-based paint, and other hazardous building materials
  • Industrial facilities, factories, and power plants that emit pollutants into the air, water, and soil
  • Contaminated urban brownfields or former industrial sites where toxic residues remain
  • Occupational exposures in industries like construction, manufacturing, and firefighting

The legacy of past industrial activity also contributes to the toxic tort risk in cities. For example, many U.S. cities have old lead water pipes that can leach lead into drinking water, leading to cases of childhood lead poisoning, as occurred during the Flint water crisis.

With so many people living and working nearby, a toxic release in a city can quickly cause widespread harm. Poisonous tort lawyers are crucial in holding parties accountable for urban toxic exposures and securing relief for those affected.

Challenges in Proving Toxic Tort Claims  

Toxic tort cases are notoriously difficult to prove. Unlike a typical personal injury case (e.g., a slip and fall), the cause of a toxic tort injury is not always obvious or immediate. Critical challenges in toxic tort litigation include:

  • Latency period: Many toxic injuries, like cancers, may not develop until years after exposure occurs. This lag time can make it difficult to pinpoint the cause and source of the exposure.
  • Proving causation: Plaintiffs must show that their specific injuries were more likely than not caused by the defendant's actions. This often requires complex scientific evidence on toxicology, epidemiology, and occupational medicine.
  • Alternate causation arguments: Defendants often argue that other factors, such as genetics, lifestyle choices, or a different toxic exposure, could have caused the plaintiff's injury. This forces plaintiffs to rule out other potential causes.
  • Lack of clear regulatory standards: While agencies like OSHA and the EPA regulate many toxic substances, they must set binding exposure limits for every potential toxin. This can make it harder to prove that an exposure level was unsafe.

Given these hurdles, plaintiffs need the help of skilled toxic tort lawyers who understand the nuances of these cases and can build the strongest possible argument for liability and damages. Attorneys often partner with scientific experts to develop persuasive theories of causation backed by solid evidence.

High-Profile Toxic Tort Cases in Cities

Some of the most notable toxic tort cases in recent years have occurred in major cities, illustrating the severe impact of urban toxic exposures:

  • Flint, Michigan: In 2014-2015, residents of Flint suffered widespread lead poisoning after the city switched its water supply, exposing the population to high lead levels from aging pipes. This environmental disaster led to numerous lawsuits against state and local government officials.
  • New York City: Exposure to toxic dust from the 9/11 attacks has caused chronic illnesses in many first responders and survivors. After years of litigation, the WTC Victim Compensation Fund was established to pay claims to those harmed.
  • San Francisco: The Hunters Point Shipyard, a former Naval shipyard in San Francisco, was found to have widespread contamination from radioactive waste and industrial chemicals. Residents have filed suit alleging that the developers mishandled the toxic waste during redevelopment.

These cases demonstrate the complexity of urban toxic tort litigation, which often involves large numbers of plaintiffs, multiple defendants, and significant scientific and legal issues. Affected individuals must seek out experienced toxic tort counsel to protect their rights.

Finding a Toxic Tort Lawyer in Brooklyn, NY

If you believe you have a potential toxic tort claim in Brooklyn, NY, finding a local lawyer specializing in this area of law is essential. Some tips for finding a qualified toxic tort attorney include:

  • Research attorneys online and read their website content, bio, and case results to assess their experience level
  • Look for attorneys who are members of professional organizations like the American Association for Justice's Toxic, Environmental, and Pharmaceutical Torts Section
  • Read online reviews from past clients and check the attorney's rating on Avvo and Martindale-Hubbell
  • Schedule a consultation with potential attorneys to discuss your case and determine if they would be a good fit

Many toxic tort lawyers offer free initial consultations, so it's wise to meet with several to find the attorney best suited to your needs. Look for a lawyer you can trust with experience and drive who can powerfully advocate for you.

Toxic tort cases are challenging, but they play an essential role in securing justice for those harmed by dangerous exposures. In cities like Brooklyn, NY, where the toxic tort risk is high, plaintiffs need skilled, dedicated lawyers. Through legal expertise, scientific knowledge, and tenacious advocacy, toxic tort attorneys help urban toxic exposure victims get answers and fair compensation.