Every year, thousands of Americans are diagnosed with cancer linked to hazardous chemicals in their homes, workplaces, or communities.
As we learn more about the links between dangerous chemical exposure and cancer, the number of toxic tort cases is seeing a steady increase. It’s estimated that these types of cases make up roughly 40% of civil cases in federal courts.
The Midwest has a deep history of industrial activity and agriculture, making toxic exposure a real concern for people in the region. At Midwest Injury Lawyers, we’ve helped victims of toxic tort cases across Illinois, Indiana, and Wisconsin earn justice for their hardships tied to cancer.
Understanding your rights and the steps to take after suspected toxic exposure is the first step in earning a rightful resolution. Claims brought under “toxic tort” law work to secure justice for victims, hold polluters accountable, and prevent harm to people in the future. In this post, we’ll explain everything you need to know about toxic tort.
Understanding Toxic Tort Cases
Toxic tort cases occur when people are harmed by environmental exposure to a dangerous substance or chemical due to another person or entity’s negligence.
For many victims of toxic tort in the Midwest, this might mean living near an industrial plant, drinking well water contaminated by pesticides, or working in an environment with unsafe chemical use. Toxic tort law gives victims a path to recover damages for a cancer diagnosis caused by these exposures.
Common Hazardous Substances
There are many substances known to increase the risk of cancer for those exposed. Many of these substances were commonly used until a link between cancer and exposure was discovered. Some of the most common cancer-causing hazards in Illinois, Indiana, and Wisconsin include:
Asbestos
Asbestos is one of the most common culprits in toxic tort cases. Once widely used in buildings for its fireproofing qualities, studies have found that asbestos can cause lung cancer and mesothelioma. This is especially common in construction and manufacturing workers.
Exposure is known to occur during renovations or demolitions, especially in buildings constructed before the 1980s. Even secondhand exposure—such as dust brought home on work clothes — can be harmful to families of these workers.
Benzene
Benzene is a colorless liquid with a sweet-smelling odor, commonly used in factories and found in gasoline. According to Cancer.org, long-term exposure to benzene has been linked to a high risk of cancer, specifically leukemia.
Workers in the rubber, chemical, or oil industries tend to face the highest risks due to prolonged inhalation or skin contact. Benzene-related illnesses can take years to develop, delaying diagnosis and treatment.
Radon
Radon is one of the most common cases of lung cancer (to non-smokers). This is a natural radioactive gas that can build up in homes, especially in basements and lower levels with limited ventilation. Regular radon testing is the only way to know if radon levels are unsafe.
Pesticides
The Midwest is home to many farming communities. While the economic value is great, many Midwesterners face risks from hazardous waste and chemicals like glyphosate (found in Roundup) or older pesticides. Long-term exposure has been linked to non-Hodgkin’s lymphoma and other cancers. These chemicals commonly drift into nearby homes, schools, and water supplies.
Industrial Solvents
Chemicals like trichloroethylene, typically used in degreasing, are linked to several cancer types.
Industry solvents are known to contaminate groundwater or air in workplaces and surrounding neighborhoods. Even small amounts over time can pose serious health risks.
Polychlorinated biphenyls (PCBs)
Used in electrical equipment and banned in 1979 by the Toxic Substances Control Act – PCBs are still present in some soils and waterways. These toxic chemicals can accumulate in fish and wildlife, leading to exposure to humans via their diet. PCBs have been associated with liver damage and increased cancer risk.
Typical Sources of Exposure
Exposure to toxic, cancer-causing chemicals can happen in many different settings. For Midwesterners, the most common sources of exposure include:
Workplaces
Workers in factories, auto shops, farms, and construction sites often face occupational exposure to dangerous chemicals. Fortunately, these types of workplaces today are required to provide workers with adequate protective equipment or training to reduce their risk – but this doesn’t always happen.
Employers who fail to follow safety protocols can be held liable in toxic tort cases.
Homes
Older insulation, contaminated drinking water, and radon gas are hidden hazards in many homes. In the Midwest, houses built with lead pipes, outdated building materials (like asbestos), or nearby environmental cleanup sites can all contribute to household exposure.
Unfortunately, many families don’t learn about these risks until after health symptoms appear.
Community
People living near manufacturing plants, farms, landfills, or sites with chemical spills are exposed to a higher risk of hazardous substances. This is a common reality for many people living in the Midwest. Airborne toxins, soil contamination, and polluted water sources can impact entire neighborhoods.
These cases usually involve many victims – and may qualify for class-action lawsuits. Cases like this are fairly common. Back in 2022, Brainerd Chemical was subject to a lawsuit for failing to properly maintain its facility. This allowed excess emissions of hydrogen fluoride from its chemical distribution facility in Danville, IL – putting the town’s residents at risk.
The company was required to remove all hydrogen fluoride from its facility and was fined $124,000. The case was resolved in 2024.
Signs of Cancer from Environmental Exposure
Cancer from toxic substances can takes years, even decades, to develop.
Many symptoms can also be mistaken for other illnesses. If you or someone you love works in a high-risk job or lives near a potential source, pay close attention to the following symptoms:
- Persistent cough or unexplained weight loss (lung cancer risk)
- Blood disorders, such as anemia or unusual bruising (potential sign of leukemia)
- Lasting fatigue or aches
- Unusual lumps or growths
- Skin changes or rashes
Take particular note if several people in your workplace or neighborhood develop similar health problems. If you work or live in a high-risk environment, regularly reviewing your health with a doctor can be life-saving.
Steps to Take After Suspected Exposure
Discovering you may have been exposed to toxic chemicals can be overwhelming. Taking the right steps early on can make a big difference for your health – and your legal rights.
Seeking Medical Attention
If you notice any symptoms or are concerned about your risk of exposure, talk with your healthcare provider. Explain your concerns, describe the potential exposure, and ask for appropriate screenings. Early intervention can improve health outcomes and link your medical care to the suspected exposure.
Documenting Exposure and Symptoms
If you develop cancer from exposure to hazardous chemicals, keeping documentation is the most important aspect in seeking justice in toxic tort cases. These records should include:
- Dates and locations of exposure (workplaces, neighborhoods, events)
- The substances involved, if known
- Onset and details of symptoms
- Relevant medical records, test results, and doctor’s notes
If possible, include photos of hazardous conditions when possible and save copies of any communications with employers, neighbors, or local officials about contamination.
Contacting a Legal Professional
If you believe you have been exposed to toxic chemicals in the Midwest due to another party’s negligence, speak to an Illinois toxic tort lawyer. These cases tend to involve many different factors, requiring fast action and specialized legal knowledge.
Many lawyers offer free consultations and work on contingency, meaning you only pay when you win the toxic tort case.
Filing a Toxic Tort Claim
Filing a claim for cancer linked to environmental exposure requires careful preparation and attention to detail. It’s strongly recommended to manage this process with the help of a cancer attorney.
What Evidence Do You Need to File the Claim?
To begin the process of filing a claim for a toxic tort case, you will need to gather the following records:
- Medical documentation showing your cancer diagnosis and linking it to toxic exposure
- Proof of exposure, such as employment records, environmental studies, or witness statements
- Expert testimony from doctors or scientists who can explain the connection between the exposure and your cancer
- Company documents, government reports, or prior legal decisions involving the same toxin or defendant
Statutes of Limitations
Each state sets strict time limits for filing personal injury and toxic tort claims. The clock may start running when you discover the illness, not when the exposure happened. Missing the deadline could mean losing your chance to seek compensation.
- Illinois: 2 years from when the illness was discovered
- Indiana: 2 years from when the illness was discovered
- Wisconsin: 3 years from when the illness was discovered
Working with a Personal Injury Lawyer Experienced in Cancer Cases
Toxic tort cases require in-depth investigation, expert analysis, and a clear legal strategy.
Toxic tort attorneys can be instrumental in gathering the right evidence, filing claims on time, identifying liable parties, and fighting for your best interests — whether in settlement negotiations or in court.
Cancer lawyers can help you organize complex medical records and expert testimony to make sure your case is presented effectively. Additionally, they will advocate for fair compensation, taking into account the long-term impact of the illness and any related medical expenses.
Challenges in Toxic Tort Cases
Toxic tort lawsuits are some of the most complex types of personal injury cases – and there are MANY challenges and obstacles between the diagnosis and earning a fair settlement.
Proving Causation
Your case must show that you were exposed and became ill. More importantly, the exposure was the direct cause of your cancer. This usually requires scientific studies, expert opinions from environmental scientists, and medical professionals to create detailed medical records.
An experienced toxic tort attorney can coordinate all of this to help build your claim.
Dealing with Large Corporations
Victims in toxic tort cases are often facing high-powered legal defense teams from large businesses, with significant resources and insurance. They may try to challenge your claim or try to shift the blame.
Knowledgeable legal representation is essential for leveling the playing field. A skilled cancer lawyer can anticipate defense strategies, counteract attempts to downplay the severity of your injury, and make sure that all evidence is thoroughly examined. If the case requires toxic tort litigation, they can help you manage the court process.
These law firms can apply pressure on these corporations to protect your rights and fight for the compensation you deserve.
Compensation and Outcomes You May Be Entitled to
When you file a toxic tort claim, you may be entitled to several key damages in a cancer settlement. These commonly include:
- Medical bills (and projected future medical costs)
- Lost wages and reduced earning ability if you are unable to work
- Pain and suffering, both physical and emotional
- Loss of enjoyment of life
- In rare cases, punitive damages are meant to punish extreme misconduct by the liable party
While no sum of money can undo the devastation of a cancer diagnosis, financial support can help with treatment and provide some relief from the burden placed on you and your family.
With an expert cancer attorney on your side, these claims have a much higher chance to succeed, especially when a group of people is affected by the same toxic source.
Taking Action Quickly
If you believe you’ve been exposed to a cancer-causing chemical, connecting with doctors, recording your experiences, and seeking legal guidance are the best ways to protect your interests.
Facing cancer from environmental exposure is life-changing. It is not just about personal health – it is about confronting powerful interests and preventing future harm in our communities. There are many high-profile toxic tort cases currently in progress. In many scenarios, history tends to favor the victims.
Illinois, Indiana, and Wisconsin have seen many victims secure justice and meaningful results. At Midwest Injury Lawyers, we take no shortcuts in helping victims of toxic tort cases secure the justice they deserve. If you are worried you may have been exposed to a toxic substance, schedule a FREE consultation with us today to learn about your options.