The Central Challenge: The Latent Injury
A toxic tort is a personal injury case where the harm was caused by exposure to a dangerous substance. What makes these cases unique is the concept of a latent injury.
A latent injury is not immediately apparent. Unlike a car accident, where the harm is instant and obvious, a latent injury can remain dormant for years or even decades. A mechanic could be exposed to benzene-containing solvents throughout their career and not be diagnosed with cancer until long after retirement.
This significant delay, known as the latency period, is the primary reason these cases are so legally and scientifically complex.
The Two Pillars of a Benzene Toxic Tort Case
To build an effective benzene case, your legal team must rigorously prove two elements: exposure and causation.
Proving Exposure:
We must first establish that you were exposed to benzene-containing products on the job. Because this often happened decades ago, this requires a deep, evidence-based investigation. We must identify the specific products you used (degreasers, solvents, paints, etc.) and interview former co-workers when possible. This process is aided by industrial hygienists, who are experts who can scientifically reconstruct your past exposure levels.
Proving Causation:
Next, we must prove that your benzene exposure caused your specific illness (e.g., AML or MDS). An effective case relies on testimony from world-class medical experts, including hematologists, oncologists, and epidemiologists, who establish the causal link between the toxin and the disease for a judge and jury.
Learn more about illnesses associated with benzene exposure.
The Statute of Limitations
Many victims worry that it’s “too late” to file a claim because their exposure happened so long ago. This is a common misconception.
Every state has a law called a “statute of limitations” that sets a deadline for filing a lawsuit. This varies by state and is typically two years from the date of the injury, or for a benzene cancer case, two years from the diagnosis. In some states, it is as short as one year, and in others is as long as six.
Identifying the Responsible Parties
A benzene toxic tort claim often involves multiple defendants. Accountability may lie with:
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Product Manufacturers:
The chemical companies that made the benzene-containing products failed to adequately warn users of the known cancer risks.
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Product Suppliers:
The companies that may rebrand manufacturer products or that put other companies’ products into the stream of commerce.
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Employers:
A company that failed to provide a safe working environment, proper ventilation, or adequate protective equipment may be a proper defendant in some circumstances.
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Property Owners:
The owners of a refinery, plant, or worksite where the exposure occurred who owe a duty to protect contractors from harm.
Identifying all potentially liable parties requires an understanding of complex corporate structures and historical product supply chains. At Hughes Law Offices, our toxic tort lawyers’ prior experience defending corporations provides an unparalleled advantage in this process. We know how these companies operate and where to find the evidence needed to prove a case.
The Goal: Securing Your Family’s Future
A lawsuit cannot undo a diagnosis, but it can provide your family with financial stability and a sense of justice. A toxic tort claim may secure compensation for:
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Full Medical Costs:
Including past, present, and future treatments.
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Lost Income:
Covering wages you have lost and will be unable to earn.
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Pain and Suffering:
Acknowledging the profound physical and emotional toll of the illness.
Why You Need a Toxic Tort Law Firm
Given the scientific complexity and legal hurdles, a benzene case is not something for a general practice lawyer. Building an effective claim requires a firm that dedicates its entire practice to this unique area of law. At Hughes Law Offices, we know the science, have a network of top-tier experts, and possess the resources to litigate against large corporations.
Schedule a Free Consultation With a Toxic Tort Attorney
Understanding your legal rights is the first step. If you have any questions, we encourage you to seek experienced counsel. Call 1-800-BENZENE (1-800-236-9363) for a free, no-obligation consultation to discuss your situation. A dedicated benzene attorney will listen to your story and provide clear, honest answers.
