Tackling a Toxic Tort: When Personal Injury Lawyers Help With Poisonings

August 19, 2022by LegalASAP

With advances in medicine and technology occurring every day, new chemicals and materials enter our lives on a daily basis. Sometimes, companies don’t follow safety standards or are careless with new products. This can lead to injury, illness, or even death due to exposure to poisonous materials. 

Those harmed by toxic substances have the right to be compensated for their harm and suffering. They deserve the best lawyers for personal injury working on their case. This post will examine what makes up a toxic tort and how legal representation works in these cases. 

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So, what is a toxic tort?

A tort is another word for a civil wrong or an injury caused by someone else’s carelessness or negligence. A toxic tort is a wrong that involves contact with a poisonous substance or chemical due to another’s negligence or carelessness. Toxic torts can be due to accidental exposure or negligent, careless acts. This can include chemical leaks that get into the air or groundwater. 

Many chemicals we thought were harmless can be hazardous and hurt individuals exposed to them. In such instances, victims (and their families) can seek the help of toxic tort legal representation. 

Common examples of toxic torts

Your personal injury attorney can tell you that toxic tort claims usually happen through: 

  • occupational exposure; 
  • household exposure;
  • pharmaceutical drugs;
  • consumer products. 

Occupational exposure 

This type of toxic tort happens when workers come into contact with harmful substances as part of their jobs. It often occurs at low levels for more extended periods of time or high levels for a short time. 

Sometimes, occupational exposure happens because workers aren’t trained to handle substances correctly. It can also occur when workers aren’t made aware of their danger. Examples of occupational exposure include asbestos or dry-cleaning fluids and other solvents. 

Household exposure

Household exposure in a toxic tort can include dangerous mold in the home or exposure to lead-based paint. 

Pharmaceutical drugs

This type of toxic tort often involves pharmaceutical drugs that cause unintended or even deadly side effects for users. An example is tainted L-tryptophan, which causes a fatal neurological condition called eosinophilia-myalgia syndrome. 

Consumer products

Consumer toxic torts include harm from common household chemicals such as cleaners or pesticides. Often, consumers don’t know these chemicals are toxic and can cause unintended damage. 

How to prove a toxic tort

Navigating and proving you’ve been harmed due to a toxic tort can be challenging. You’ll be up against large corporations defending their products with a solid and sizable legal defense team. Working with the best law firms for personal injury is highly recommended. You’ll need to prove specific elements for your case to be heard in court. 

These include:

Proving causation

It can be extremely challenging to prove causation in many toxic tort cases. You need to show there’s a substance and that it’s toxic, that you were exposed to the substance, and that this substance caused harm. 

The effects of toxic exposure often don’t show up for years, making it difficult to find evidence. You also need proof to show that the harm or illness was caused by the substance and not some other chemical you may have come in contact with. Your personal injury attorney can help you gather evidence for your case. They’ll ensure you have the proper documentation, expert witness testimony, and scientific information you need to prove your case. 

Filing in a timely manner

Many harms caused by toxic substances aren’t known until years later. When this happens, getting your hands on records and witness testimony years later can be challenging. There is also the matter of the statute of limitations. This means you may only have a certain amount of time to file a claim for certain circumstances. This time varies from state to state, and your legal representation can advise you on the specific timelines for your case. 

Finding reliable evidence

In a toxic tort lawsuit, your personal injury attorney is the best individual to help you find scientific evidence to prove your case. New studies and medical breakthroughs linking chemicals to specific illnesses can help support your case. You’ll also need to find expert witnesses who can speak to the effects of toxic chemicals and provide evidence of the harm they cause. 

Identifying who is at fault

Sometimes, even knowing who is responsible in a toxic tort case can be difficult. Often those harmed don’t know who made a specific product that caused their injuries. Sometimes, there are multiple manufacturers for a product, making it difficult to know who made the particular batch they were exposed to. 

Suppose you live in an industrial area with many factories. In that case, knowing which factory is responsible for the toxic chemicals that caused your illness may be challenging. 

How personal injury lawyers can help 

A toxic tort is a complicated legal area. A personal injury lawyer can help sort through the evidence and handle the complexities of your case. They can gather expert witnesses and scientific evidence to prove your case. They’ll also ensure the proper documentation and paperwork are filed to meet deadlines. In short, they will provide the support and expertise you need for your case. 

If you’re looking for the best lawyers for personal injury, get in touch with LegalASAP today. Our network can connect you with experienced and trustworthy legal representation in your area. They’re available to advise on your case and help you get the best possible outcome. Take our free evaluation to see if you qualify and get the help you need right now. 

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