If you’ve been poisoned due to another person’s negligence, you have the right to file a personal injury claim for toxic tort and receive compensation.
Toxic tort claims are rarely simple affairs. The details can become muddled over time and complications can arise in the investigation process.
Here’s a brief overview of what you need to know about toxic tort:
Toxic tort is whenever a person is injured or made sick due to exposure to toxic chemicals, medications, or other substances. To have a case for compensation, however, this exposure must have been caused by another’s negligence.
Nolo defines a toxic tort as:
“a legal claim for harm caused by exposure to a dangerous substance — such as a pharmaceutical drug, pesticide, or chemical. If an individual or a group of people has been exposed to and injured by a dangerous substance, either may be able to bring a toxic tort lawsuit.”
Most toxic tort cases are caused by exposure to lead paint, asbestos, airborne fumes, etc. This area of personal injury also covers exposure to hazardous or defective medicines, too.
Where toxic tort personal injury cases can get complicated is usually in the investigation. Firstly, proving that your injuries or illness came from exposure to a toxic substance is easier said than done. Secondly, you must also prove that your exposure was due to negligence whether it be that of an individual or company. Finally, it isn’t enough to cry toxic tort without scientific evidence to prove your claims.
If you believe you may have a case for toxic tort personal injury, the next step is to contact an attorney near you who specializes in this practice area to discuss the details of your case.