Toxics and Environmental
Toxic & Environmental Lawsuits
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Toxics and Environmental
We are at a turning point in history when people are starting to focus more and more on environmental issues such as climate change and pollution. Growing awareness of the interplay between natural ecosystems and human well-being is prompting demands for stronger action to protect and preserve our planet. We all bear responsibility for building a healthy, sustainable world. But our contributions to environmental degradation are not equal.
Corporations are the biggest polluters in the world today. They produce the bulk of emissions and chemicals that end up in the air, the ground, and the water. Solving environmental problems requires addressing them at their core. And that means taking on the corporations that abuse our planet and our communities.
It takes a big law firm to take on big polluters. For more than 35 years, Morgan & Morgan has fought for the people, against the powerful. In that same spirit, our Toxics and Environmental Litigation Group is proud to fight for the planet.
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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
What should I do if I was exposed to environmental toxins?
If you suspect that you’ve been exposed to environmental toxins, it’s essential to take immediate action to protect your health and strengthen any potential legal claim. Here are the steps you should follow:
- Seek Medical Advice: Consult with a healthcare provider as soon as possible. Early detection of symptoms can be crucial for both health and legal purposes.
- Document Symptoms: Keep a detailed record of your symptoms, including their onset, severity, and any related medical treatments.
- Gather Exposure Evidence: Collect any evidence of your exposure, such as environmental reports, workplace safety records, or public notices of contamination.
- Contact Environmental Authorities: Notify local environmental agencies or health departments about your concerns. They may investigate the source of pollution and gather evidence that could be helpful in your case.
- Contact Morgan & Morgan: Our experienced legal team can help you determine who is liable for any injuries and what compensation you may be owed for your suffering.
Taking these steps ensures that you have both medical and legal documentation to back up your claim and protect your rights.
Who is liable for major sources of environmental pollution?
Environmental pollution is generated by numerous industries, and the legal accountability for these pollutants often lies with corporations, government entities, and manufacturers. Some major sources of pollution include:
- Factories and Manufacturing Plants: Industrial processes can release harmful chemicals into the air, water, and land. This includes everything from hazardous waste to airborne toxins.
- Waste Disposal Sites: Landfills and waste sites often contain toxic substances like heavy metals, solvents, and chemicals, which can leak into the environment and affect nearby communities.
- Agriculture: The use of pesticides and fertilizers in farming operations can lead to runoff that contaminates nearby water sources and spreads harmful chemicals over large areas.
Legally, these entities have a duty to prevent pollution and take measures to reduce environmental harm. If they fail in these responsibilities, they may be held accountable for the damage caused. This can lead to lawsuits that seek compensation for affected individuals.
How can an environmental lawyer strengthen my case?
An experienced environmental lawyer at Morgan & Morgan can be an invaluable resource if you are considering pursuing a lawsuit. Here’s how a lawyer can help:
- Handling Scientific Documentation: Toxic exposure cases often involve complex scientific data. A skilled environmental lawyer can work with experts to understand the medical and scientific evidence and present it clearly in your case.
- Collaborating With Expert Witnesses: Expert witnesses can provide testimony on the effects of toxins and how they relate to your health issues. Environmental lawyers know how to locate and collaborate with the right experts.
- Managing Complex Regulations: Environmental law is highly regulated, and a lawyer can help navigate the complex legal frameworks and regulatory bodies that govern environmental pollution.
A Morgan & Morgan lawyer will also work to maximize your compensation, fighting for you to be fairly compensated for the long-term impacts of toxic exposure.
Why Should I Hire Morgan & Morgan?
At Morgan & Morgan, our team of experienced environmental and toxic exposure attorneys has successfully represented individuals and communities harmed by corporate negligence and pollution. We’ve helped clients recover millions in compensation for illnesses, property damage, and other losses caused by toxic chemicals, contaminated water, air pollution, and hazardous waste.
As the largest personal injury law firm in the country, with over 1,000 lawyers nationwide, we have the resources and expertise to take on powerful corporations and hold them accountable. Whether you’ve been exposed to harmful substances at work, in your home, or in your community, we are prepared to fight for the justice and compensation you deserve.
We work on a contingency fee basis, meaning you don’t pay unless we win your case. Our commitment is simple: The Fee Is Free™—you only pay if we secure a recovery for you.
Toxic exposure and environmental contamination can have devastating, long-term effects. You shouldn’t have to suffer the consequences alone. Contact Morgan & Morgan today for a free case evaluation and learn how we can help.
Do I have to pay for a consultation with a lawyer?
No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal advice, regardless of their financial situation.
Hiring one of our dangerous drug lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.
Who will be on my case team?
When you hire Morgan & Morgan, you don’t just hire a lawyer, you hire the largest personal injury law firm in the country with an army of over 1,000 lawyers and offices in all 50 states and Washington, D.C.
Your case will be handled by a dedicated team of professionals, including personal injury lawyers, paralegals, and support staff. You will be assigned a care team that includes a primary attorney who will oversee your case and ensure you receive personalized attention throughout the process.
What is Morgan & Morgan’s Toxics and Environmental Litigation Group?
Morgan & Morgan’s Toxics and Environmental Litigation Group is dedicated to fighting for individuals, communities, and businesses harmed by corporate pollution and toxic exposure. Led by nationally recognized environmental attorney Rene F. Rocha, our team leverages decades of experience and the vast resources of the nation’s largest plaintiffs’ firm to take on major polluters.
Building on Morgan & Morgan’s history in environmental cases—including the Deepwater Horizon oil spill, Tangelo Park chemical exposure, the Mosaic sinkhole, Ohio Train Derailment, Monsanto’s Roundup, and asbestos litigation—our team is at the forefront of environmental law, combining top-tier legal and scientific expertise to hold corporations accountable.
We represent clients nationwide in cases involving:
- PFAS contamination
- Lead poisoning
- Solvents
- Petroleum exposure
- Fracking-related damages
- Medical monitoring claims
- Toxic emissions
- Groundwater and soil contamination
- Property damage
- Personal injury due to toxic exposure
- Citizen suits and class actions
For the people, for the planet, and for future generations, we are committed to protecting the environment and those who suffer from environmental harm.
Who is Rene F. Rocha, and what is his role in the Toxics and Environmental Litigation Group?
Rene F. Rocha is a key leader in Morgan & Morgan’s Toxics and Environmental Litigation Group, bringing a deep commitment to justice and advocacy for those harmed by corporate negligence. He has been involved in numerous complex cases, including environmental contamination, defective pharmaceutical drugs, fraud, and regulatory violations.
Throughout his career, Mr. Rocha has fought for a diverse range of clients, from fishermen in the Gulf of Mexico to postal workers in Kentucky, homeowners in California, municipalities in Florida, and farmers in the Midwest. His mission is to be a voice for the voiceless and to hold corporations accountable when their actions cause harm.
In addition to his legal work, Mr. Rocha is a leader in the young lawyer community and actively engages with local and national organizations dedicated to advancing justice. His experience and dedication strengthen our environmental litigation efforts, ensuring that those affected by toxic exposure receive the representation they deserve.
When do I meet with my lawyer?
After your initial consultation, your care team will schedule regular meetings to discuss your case, provide updates, and prepare you for any upcoming proceedings. We are committed to maintaining open lines of communication and keeping you informed every step of the way.
These meetings can be handled in person, virtually, and by phone, depending on your case’s requirements and your ability to do so.
How much does it cost to hire Morgan & Morgan?
Morgan & Morgan’s toxics and environmental lawyers work on a contingency fee basis, meaning that there are no upfront fees or expenses until your case comes to a successful conclusion. That’s right—the Fee Is Free™, and you only pay if we win.
Our fee is a percentage of the settlement or verdict amount, ensuring we are motivated to achieve the best possible outcome for you.
Can I still file a lawsuit if I live near an industrial site but don’t have direct evidence of exposure?
Yes, you can. Environmental lawsuits can be based on circumstantial evidence, such as proximity to a known source of pollution or patterns of illness in your community.
Each case is unique, so to understand your eligibility for a lawsuit, get a free case evaluation to review the specifics of your case.
How long does it typically take to resolve a toxic exposure lawsuit?
The duration of a lawsuit depends on factors like the complexity of the case, the evidence available, and the willingness of the defendants to settle. Environmental lawsuits can take several months or even years to resolve.
Each case is unique, so to understand your claim’s potential timeline, get a free case evaluation to review the specifics of your case.
What evidence strengthens my case in an environmental exposure claim?
To strengthen your case in an environmental exposure claim, the following types of evidence can be help:
Medical Records and Diagnosis
- Documentation of your health condition, including lab tests, doctor’s notes, and diagnoses directly linked to the environmental exposure.
- Medical history that shows the onset of symptoms after potential exposure or the progression of illness over time.
Exposure Evidence
- Environmental Reports: Documents that show the presence of harmful pollutants in your area (pollution reports, government or private testing results).
- Workplace Safety Records: If your exposure occurred at work, any records of unsafe practices or failure to meet safety regulations can help establish liability.
- Public Notices and Warnings: If there were public warnings, recalls, or notices about the environmental hazard in your area, this can support your claim.
Expert Testimony
- Testimony from medical experts who can connect your health issues to the exposure.
- Environmental experts who can establish the presence and potential danger of the pollutant, showing that it could reasonably have caused your health problems.
Witness Testimony
- Statements from others who have been exposed to the same toxins and suffered similar health issues, especially if there’s a pattern of exposure in the community or workplace.
Photographic or Video Evidence
- Images or videos that show the environmental hazards (visible contamination in your community, pictures of hazardous conditions at a workplace or nearby industrial site).
Records of Toxic Exposure
- Logs or documents from local environmental agencies, companies, or other authorities that indicate ongoing contamination or violations of safety standards.
Health Impact Studies or Research
- Scientific studies or reports showing a known link between the specific pollutant and the health conditions you are suffering from can help establish causality in your case.
Chronology of Exposure
- A timeline or log of your exposure to the toxin, especially if the exposure was prolonged or recurrent. This could include dates, locations, and circumstances of your exposure.
Gathering strong, comprehensive evidence will be essential in proving that the exposure directly led to your health issues, thus supporting your environmental exposure claim.
Can I file a claim if my employer was responsible for my toxic exposure?
Yes, employers are legally required to maintain safe working environments. If they fail to protect employees from toxic exposure, they may be held liable for damages.
What types of compensation are available in environmental contamination cases?
In environmental contamination cases, victims may be entitled to several types of compensation, depending on the nature and severity of the exposure, as well as the impact it has had on their health and lifestyle. The following are common types of compensation available in these cases:
Medical Expenses
- Past Medical Bills: Compensation for the cost of doctor’s visits, hospital stays, surgeries, treatments, medications, and any other medical expenses incurred as a result of the toxic exposure.
- Future Medical Expenses: If the exposure leads to long-term or chronic health conditions, you may be entitled to compensation for future medical treatments, rehabilitation, and ongoing care.
Lost Wages and Earning Capacity
- Lost Wages: If you had to miss work due to illness or medical treatments, you may be compensated for the income you lost.
- Loss of Earning Capacity: If your health is permanently affected, limiting your ability to work or pursue your career, you may be compensated for the reduced earning potential over time.
Pain and Suffering
- Physical Pain: Compensation for the physical pain and suffering caused by your condition, especially if it leads to long-term discomfort or disability.
- Emotional Distress: If the exposure has caused mental anguish, anxiety, depression, or other emotional distress, you may receive compensation for the psychological toll of the illness or injury.
Punitive Damages
In some cases, if the company or party responsible for the contamination acted with gross negligence or malicious intent, punitive damages may be awarded. These damages are meant to punish the defendant and deter future harmful behavior, beyond compensating the victim.
Property Damage
If the contamination has affected your property, such as soil, groundwater, or air quality, you may be entitled to compensation for property damage or devaluation. This is especially relevant in cases where the contamination reduces the value of your home or land.
Rehabilitation and Long-Term Care
If the exposure leads to a condition that requires ongoing medical care, rehabilitation, or permanent support services, compensation can help cover these future costs. This may include physical therapy, home healthcare, or necessary adaptive devices.
Wrongful Death
In the tragic event that a loved one dies as a result of environmental contamination, the surviving family members may be entitled to compensation through a wrongful death claim. This can include damages for funeral expenses, loss of companionship, and the financial support that the deceased would have provided.
Legal Fees and Costs
In some cases, the defendant may be ordered to pay for the legal fees and court costs incurred during the lawsuit. This can help alleviate the financial burden of seeking justice and holding the responsible party accountable.
Other Economic Damages
Depending on the specifics of the case, you may be entitled to compensation for other economic losses such as transportation costs for medical appointments, home modifications, or loss of life enjoyment.
The types of compensation available depend on the facts of your case and the extent of harm caused by the environmental exposure. Working with an experienced environmental lawyer at Morgan & Morgan can help ensure that you pursue all possible avenues of recovery for your injuries and losses.
How does an attorney establish corporate negligence in environmental cases?
An attorney at Morgan & Morgan can demonstrate corporate negligence by showing that the company failed to meet safety regulations, ignored warnings, or knowingly exposed individuals to harmful substances.
An attorney can build a case of corporate negligence by focusing on several key elements:
Duty of Care
The attorney must first establish that the corporation had a duty of care to protect the environment and public health. This duty can be defined by environmental laws, regulations, and industry standards that require companies to minimize pollution, manage waste, and ensure safety.
For example, companies must comply with local, state, and federal regulations regarding emissions, waste disposal, hazardous materials handling, and water/air quality standards.
Breach of Duty
The attorney will look for evidence that the company violated environmental laws or regulations, such as the Clean Water Act, Clean Air Act, or state-specific environmental statutes.
If the corporation did not adhere to accepted industry standards or best practices for pollution control, waste management, or hazardous material handling, it could be considered a breach of duty.
Causation
The attorney must prove that the company’s actions (or lack of action) directly caused the environmental harm or exposure that led to the victim's injury or damage. This can include showing that the company’s pollution caused contamination of air, water, or soil, which in turn caused health problems or property damage.
Expert testimony and scientific evidence are important in establishing causation, as they can help link corporate negligence to specific health issues, such as cancer or respiratory problems, or to environmental degradation.
Foreseeability
The attorney must demonstrate that the harm caused by the corporation’s actions was foreseeable. If the company knew or should have known that its actions would result in environmental harm or public health issues, it could be found negligent.
For instance, if a corporation ignored warnings from environmental experts or regulators about potential contamination risks, it strengthens the claim of negligence.
Failure to Act
If the corporation was aware of the environmental risk but failed to take appropriate action to mitigate or correct the problem, this can establish negligence. This includes failure to clean up pollution, failure to warn the public about risks, or failure to follow through on corrective actions after violations were identified.
Companies have a responsibility to implement preventive measures, such as regular safety checks, maintenance of equipment, and proper waste disposal. If they neglected these, it can constitute negligence.
Evidence of Corporate Culture and History
Establishing a pattern of negligence within the company—such as past violations, fines, or a history of ignoring environmental laws—can show that the corporation has a disregard for safety or public health. This history can bolster the argument that the company’s negligence was systemic rather than an isolated incident.
Emails, memos, and other internal communications can be valuable in showing that company executives or employees were aware of the risks and chose to disregard them.
Damages
To establish negligence, the attorney must show that the corporate actions (or inactions) directly caused damages, such as health problems, property damage, environmental destruction, or economic losses. This can include medical records, property assessments, and expert testimony to quantify the damage.
Expert Witness Testimony
Environmental experts and scientists play a critical role in establishing corporate negligence. These experts can testify about the nature of the pollutant, how it affects health or the environment, and how the company’s actions (or failure to act) directly caused the harm.
Additionally, medical experts may be needed to link environmental exposure to specific diseases or health conditions.
Regulatory Violations and Penalties
If the company has been cited for violating environmental regulations or fined by government agencies, this can provide strong evidence of corporate negligence. A history of noncompliance with environmental laws strengthens the argument that the company was aware of the risks and failed to take appropriate action to mitigate them.
Environmental pollution can have severe and lasting effects on your well-being, and pursuing a lawsuit can help hold negligent parties accountable. An experienced environmental lawyer at Morgan & Morgan can guide you through the legal process, ensuring that you get the support you need to achieve a fair outcome.
What are common types of environmental toxins and their health impacts?
Environmental toxins are hazardous substances found in our surroundings, often resulting in serious health problems. Some of the most common environmental toxins include:
- Lead: Often found in old paint, pipes, and soil, lead exposure can cause neurological issues, particularly in children. It is known to impair cognitive development, lower IQ levels, and increase the risk of behavioral problems.
- Asbestos: Previously used in construction and insulation materials, asbestos fibers can cause respiratory diseases like asbestosis, lung cancer, and mesothelioma. Even limited exposure can have long-lasting effects.
- PFAS (Forever Chemicals): These chemicals are persistent in the environment and human body, and they can be found in water, food packaging, firefighting foam, and other products. PFAS exposure is linked to several health problems, including kidney and liver damage, reproductive issues, and cancer.
- Pesticides: Commonly used in agriculture, pesticides can leach into the air, water, and soil. Chronic exposure to pesticides can cause respiratory issues, neurological damage, and increased cancer risks.
- Industrial Waste: Waste from factories and manufacturing plants can include hazardous chemicals and pollutants. Prolonged exposure can lead to a variety of health conditions, such as organ damage, skin disorders, and even cancer.
These toxins can cause both immediate and long-term health issues. Understanding the risks associated with these substances is crucial for individuals who suspect they have been exposed.
What are the long-term effects of toxic exposure on my health and lifestyle?
Toxic exposure doesn’t always cause immediate symptoms. Many harmful chemicals, such as asbestos and PFAS, can build up in the body over time, leading to chronic conditions. Some of the long-term effects include:
- Chronic Health Conditions: Ongoing exposure can lead to conditions like lung disease, cancer, neurological disorders, and kidney damage.
- Lifestyle Limitations: Chronic illnesses often limit an individual's ability to work, perform daily activities, and enjoy a quality life.
- Need for Long-Term Care: Individuals exposed to environmental toxins may require ongoing medical treatment, therapy, and support, which can place a financial burden on families and individuals.
Because of the lasting impact that toxic exposure can have, victims often pursue compensation to help with their medical costs and loss of lifestyle.
What are the most common pollutants involved in environmental lawsuits?
The most common pollutants involved in environmental lawsuits typically include:
- Lead: Often found in old paint, plumbing, soil, and contaminated water, lead exposure can cause serious health issues, especially for children, such as developmental delays, learning disabilities, and neurological damage.
- Asbestos: Widely used in construction and insulation materials before its dangers were well known, asbestos fibers can cause lung diseases such as asbestosis, lung cancer, and mesothelioma.
- PFAS (Forever Chemicals): These persistent chemicals are used in a variety of consumer products (like food packaging, firefighting foam, and nonstick cookware) and have been linked to cancers, liver damage, kidney disease, and developmental issues.
- Pesticides: Agricultural chemicals like insecticides, herbicides, and fungicides can contaminate air, water, and soil. Long-term exposure may lead to respiratory problems, neurological damage, reproductive issues, and increased cancer risk.
- Industrial Waste: Factories and industrial facilities often discharge harmful chemicals, heavy metals, and other waste products into the environment, leading to water and soil contamination, which can affect both human health and ecosystems.
These pollutants are often involved in lawsuits due to their hazardous nature and the serious health risks they pose to individuals and communities.