Toxic Tort Claims: What You Need to Know 

 March 26, 2015

By  LMW Attorneys

There are times we are at risk of being exposed to toxic chemicals, whether from a pharmaceutical product, the environment, or something else. Unfortunately, if an individual is exposed to a toxic chemical, they could sustain lasting injuries and damages. In some cases, if the exposure was caused by another individual’s negligence, there could be grounds for a lawsuit. If you believe you have been injured due to someone’s negligence, here is what you should keep in mind:

I Make a Claim?

Toxic torts are not as cut and dry as other personal injury claims. The injuries are typically not visible and it may be more difficult to prove the connection between the exposure and the development of an illness. While proving a connection may be difficult, these are common instances that lead to a toxic tort claim being made:

– Exposure to mold
– Asbestos exposure
– Lead paint exposure
– Contamination of groundwater

Who is Responsible?

Who can be held responsible is dependent on the specific situation. For example, if you were exposed to mold in your apartment, you could most likely make a claim against your landlord, as they had an obligation to you to make sure the space was free of mold before offering it to you. If a company were to contaminate the groundwater, whether intentionally or unintentionally, causing the people near to suffer any illnesses, everyone affected could file a claim against the company. The exceptions are workplace injuries, which are directly handled through the worker’s compensations system. In any case, it is important to consult with a reputable attorney.

What You’ll Need

To make a successful claim, you need to prove the following:

– The party was obligated to keep you from harm
– The party failed in their obligation
– You were harmed as a result of that failure
– The extent to which you were harmed

This evidence will usually require medical records, X-rays, and test results. Toxic tort cases require medical expertise and are strongly based off of current studies.

When to Hire a Lawyer

If you believe you have been exposed to a dangerous substance as a result of someone’s negligence, consult with a lawyer before making any decisions. The legal team at Laporte, Mulligan & Werner-Watkins will work with you to guide you through this trying time and will determine whether or not you have a claim. Contact LMW Attorneys today to schedule a free consultation.