Environmental and Toxic Tort Lawsuits From the Plaintiff's Perspective

As science progresses, we are learning more and more about the kinds of exposures that make people ill, the necessary dose in each instance, and the length of exposure that will cause harm. Turn on the TV,  and whether it’s lead in a city’s drinking water, benzene from a local factory, or gas tanks with holes in them, the problem is increasingly recognized and legal responses are more necessary now than ever before. This program provides an overview of toxic tort litigation from a plaintiff’s perspective. We review cases that have been litigated, causes of action available, statute of limitations concerns, and the real big issue: causation. 

Learning Objectives: 

I.     Identify cases that are trial-worthy: factors to be considered, questions that need to be asked, and financial considerations that must never be ignored. 

II.    Master the client interview: recognizing the sensitivities that surround the interview, what the lawyer needs to say during the first meeting, and what the lawyer needs to learn from the first meeting

III.   Draft the complaint: notice pleading v. specificity, intentional acts v. negligence, strict liability v. negligence based standards

IV.   Understand the role of experts: which experts, what subjects, and what constitutes the perfect expert in toxic tort litigation

V.    Plan for discovery, a result oriented pathway in a long process: what the plaintiff's lawyer can do to keep the case on track

VI.   Comprehend damages:  what does the client require to be made whole?