4 Types of Toxic Tort Damages

Damages in a lawsuit can be defined as the money awarded to one side (plaintiff) because of an injury or a certain kind of loss that was caused by the other side (defendant). In toxic tort cases for personal injury, there are generally four types of damages available to the injured party.

1. Compensatory Damages. The purpose of this type of monetary award is to compensate the injured party (plaintiff) for the costs associated with injuries caused by the other party (defendant). Examples of this type of award could include lost wages, medical costs, diminished capacity to earn a living, loss of consortium (companionship), and others. In certain toxic tort cases, the defendant(s) may be awarded medical monitoring damages for early detection of medical issues.

2. Punitive Damages. This type of award is to punish the outrageous or egregious conduct of the party who caused the injury or illness (defendant).

3. Attorney's Fees. In the case of a toxic tort related to environmental issues, for example, the injured party or parties may be able to seek recovery of their attorney's fees from the defendant.

There is one additional measure that may be available in toxic tort cases - injunctive relief. This is not monetary, but rather an order that prohibits the defendant from acting in certain ways. An example of this might be a court order stopping a company from dumping substances in a river until a verdict is reached in the case.

For any injury that might qualify for toxic tort litigation, it is important to contact our office to see if there are any class action lawsuits related to your circumstances.

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