Toxic Torts Attorney

Serving West Virginia and Ohio

Toxic torts attorney at the law offices of Jim Leach and his associates in West Virginia, we have a great deal of experience defending people who have been injured by hazardous wastes, asbestos, and other harmful substances. Such lawsuits are known as toxic torts. A tort is a wrongful act, in response to which a victim can obtain redress.

American tort law has the fundamental principle that a person injured by another’s carelessness or negligence is entitled to be restored into their pre-injury status. This is usually done through medical care and monetary compensation. Tort law is part of civil law, not criminal law.

An example: Asbestosis
Toxic substances in our environment have increased enormously in recent decades, as industry has advanced and explored and come up with new drugs and products. One of the difficulties in prosecuting toxic torts is that the effects on a person of exposure to toxic substances often don’t show up until years later.

For instance, a person who develops asbestosis (lung scarring and inflammation with shortness of breath) may not have been exposed to the asbestos for 20 or more years. But quietly in the interim, the tiny asbestos particles breathed in years ago did their slow work and many people develop lung cancer which is fatal. In the case of asbestos too, the person may never have known he was exposed to asbestos, as in the past it was commonly used for things such as fire-retardant materials, cement, vinyl floor tiles, brake linings and some insulation.

An example: Lead poisoning
Lead is a toxic metal and for many years it was used in paint and gasoline, two products that are part of everybody’s lives. Lead has no known usefulness in the human body. Lead poisoning occurs mostly in young children, especially if they’re growing up in an older house. Lead-based paint tastes sweet and when it starts peeling, can be chewed on by a child. It can detach from old paint in the form of lead dust and contaminate the soil. Young children sometimes eat soil. The dust can be inhaled. From lead pipes, lead can enter the drinking water.

Chronic lead poisoning produces many symptoms: headaches, nausea, insomnia, learning disabilities, low energy, weight loss, anemia, kidney problems and constipation. In severe cases, it causes seizures and coma. As with asbestosis, lead poisoning is slow and only shows its presence after the blood lead levels rise high enough.

The four main goals of tort law

1. To win compensation for people who have been injured by another’s negligence
2. To require the defendant to pay punitive damages to the victim
3. To reduce or prevent future such negligence
4. To defend the victims’ legal rights

If you are wondering how you or your loved one came to have the medical condition that is threatening health and life, a toxic tort attorney may be a good person to consult. Jim Leach and his associates in West Virginia and Ohio have acquired excellent know-how in this area of law, and will be happy to give you a free consultation. You can describe your situation and ask you questions, and we will listen and give you the clearest answers we can. Our priority is always the welfare of our clients. Please contact us today by phone or email.

Our toxic tort attorneys represent injured victims throughout West Virginia and Southern Ohio including the communities of Belpre, Marietta, Parkersburg, Wheeling, Athens, Jackson, Vienna, Morgantown, Charleston, Huntington, Ravenswood and Ripley.