What to Know When Hiring a Toxic Torts Attorney

If you have been injured due to toxic exposure and are looking for legal representation, hiring the right toxic torts attorney is key to getting the justice you deserve.

Toxic tort lawsuits can be highly complex cases that require an experienced lawyer with specific expertise in this area of law.

This guide will help you understand what to look for when choosing a toxic torts attorney to take on your case.

What are Toxic Torts?

Toxic torts refer to personal injury cases that result from poisoning or exposure to toxic and dangerous substances.

Some common examples include exposure to asbestos, mold, chemicals, radiation, or other environmental pollutants. Victims of toxic exposure can develop cancer, respiratory illnesses, and other serious health problems.

If you were harmed due to someone else’s negligence involving toxic substances, you may be able to file a toxic tort lawsuit to seek compensation for medical costs, lost wages, and pain and suffering.

Look for an Experienced Toxic Torts Attorney

When looking for a toxic torts attorney, experience handling similar cases should be your top priority.

These lawsuits require scientific and medical evidence to prove causation between the toxin and your injuries.

An attorney who specializes in toxic torts will understand the complex issues involved and know how to build a strong case.

Ask potential lawyers about the number of toxic tort cases they have litigated and their success rate. You want someone who has taken multiple toxic exposure claims to trial. Don’t hire a general personal injury attorney without toxic torts expertise.

Check Their Background and References

Do your research on any toxic torts attorney you are considering. Check if they are board-certified in toxic tort law by an organization like the National Board of Trial Advocacy.

Look up their background and credentials online. Read reviews and see if they have been recognized for their work.

Make sure to ask for references from former toxic tort clients who can vouch for the attorney’s skills and level of service.

Talking to past clients is one of the best ways to evaluate a lawyer’s competency in this niche area of law.

Consider Their Resources and Funding Options

Toxic tort cases require substantial financial investment and can take years to resolve. You need a lawyer who has sufficient resources to fund expert witnesses, medical records, court costs, and other litigation expenses over the long run.

Some things to inquire about include law firm size, funding options like contingency fees, lines of credit, and insurance to cover costs. A smaller practice may lack the resources to take on complex, costly toxic exposure cases.

Ask upfront how the lawyer plans to finance the litigation to ensure your case gets the necessary budget and attention it demands. reputable toxic torts attorney should offer to discuss funding openly and transparently.

Assess Their Willingness to Take Your Case to Trial

Many toxic tort suits are resolved through settlement negotiations. However, having a trial-ready lawyer sends a strong message during settlement talks.

It shows the defendant that you have an attorney who is not afraid to take the case to a jury if needed. Make sure any prospective toxic torts attorney has jury trial experience handling toxic exposure matters.

Ask if they are prepared and willing to see your lawsuit through to a full trial. Selecting a lawyer who does not back down from a fight in court gives you the best odds of a favorable settlement or verdict.

Understand Their Litigation Philosophy

Different lawyers have varying litigation styles and philosophies. You want a toxic torts attorney who believes in aggressively pursuing every possible avenue of recovery. Discuss their general approach to building liability and causation elements of a toxic tort case.

An attorney dedicated to using the latest science and leaving no stone unturned gives you the strongest chance at prevailing.

Ask about investigative techniques, experts they regularly work with, and how actively they plan to conduct discovery and depose opposing witnesses and experts.

Evaluate Bedside Manner and Communication

Toxic tort litigation is rarely quick or easy. You need an attorney who will be communicative, compassionate, and in your corner every step of the way.

Assess how well the potential lawyer listens, explains legal concepts clearly, and makes you feel heard. They should be empathetic towards victims of toxic exposures.

Discuss their availability and response time expectations. Look for someone who treats you like family, not just another case number.

Your toxic torts attorney will be with you through a difficult, emotional journey, so character and rapport matter.

Consider Their Contingency Fee Structure

Most toxic tort lawsuits are handled on contingency, meaning the lawyer only gets paid if your case is successful. However, fee percentages can vary significantly.

Average contingency fees for toxic tort claims range from 33-40% of any settlement or award. But some attorneys charge upwards of 50%.

Make sure to understand all fees you may owe upfront so there are no surprises later. A toxic torts attorney experienced in toxic exposure claims should be willing and able to clearly explain their fee policy.

Look for Added Value Services

Beyond legal representation, seek a toxic torts attorney who offers additional services to support your claim and needs.

This might include access to specialized investigators and scientists, medical record experts, trial consulting help, funding advances, or assistance obtaining expert witness referrals.

Some law firms establish charitable trusts to help cover living expenses for clients struggling medically or financially due to their toxic injuries.

These extra resources could make a big difference in fully pursuing potential avenues for compensation on your behalf.

Do Not Hesitate to Use Referrals

Nothing compares to a direct referral from someone who has used a lawyer’s services successfully. Ask other lawyers, doctors who treat toxic exposure patients, or support groups for personal recommendations.

Lawyers active in state bar associations may also be able to suggest highly qualified toxic torts attorneys in your area.

A trustworthy referral is well worth following up on when finding legal help for toxic tort litigation, which is too important to leave to chance.

Prepare to Interview Multiple Lawyers

Lastly, don’t stop your search after just one consultation. To find the absolute best attorney-client fit, make time to interview two to three potential toxic torts attorneys at a minimum.

Compare experiences, credentials, communication styles, and most importantly your level of confidence in each.

Taking the interview process seriously allows you to make a fully informed choice that can impact the entire trajectory of your toxic exposure lawsuit.

Understanding all your options leads to hiring knowledgeable representation dedicated to your case and long-term well-being.

Toxic tort litigation demands experienced counsel due to its scientific and legal complexity. Spending time upfront to thoroughly vet prospective lawyers increases your odds of partnering with a toxic torts attorney prepared to aggressively fight for your rights.

If you suffered injuries from toxic poison, making an informed choice for legal representation is imperative to obtaining fair compensation through the legal system.