People often dismiss symptoms of chemical exposure or attribute them to another cause. However, any person who has been exposed to chemicals might become ill. Symptoms may not appear for years, but victims might still be able to receive compensation for their medical expenses, pain and suffering, and more. What should a person know about toxic tort cases?
What is a Toxic Tort?
Any person exposed to toxic chemicals may be able to file a toxic tort, a type of personal injury lawsuit. Exposure to asbestos, lead paint, pesticides, toxic landfill waste, or mold can lead to a toxic tort case. The same holds for exposure to contaminated groundwater or soil. Any person who has taken a defective medication containing chemicals or was exposed to chemicals in the workplace may have a suit. Other common toxic tort cases include those where a person has been exposed to dry cleaning solutions and those who were exposed to gases or airborne toxins in the environment.
Proving a Chemical Tort
The first step in proving a chemical tort is to find an experienced attorney. Victims often find it difficult to determine when they were exposed because symptoms might not appear for years. The victim and attorney work together to determine when the exposure occurred so they can prove the toxin was present in the air, water, or soil.
Three things must be proven before a defendant can be liable for this chemical exposure and the resulting illness. The defendant must owe a legal duty to the plaintiff and breach this duty before a toxic tort case can be filed. The plaintiff must then show that the breach of duty led to their illness or injury and that this breach financially harmed the plaintiff. The case will not go forward if all elements cannot be proven.
The victim must provide medical documentation showing the link between the chemical exposure and the illness. They must also show that others in the area were similarly affected or that people in similar environments have received the same diagnosis. Furthermore, they may need to show that the public was warned about the dangers of the chemical. The Environmental Protection Agency and Food and Drug Administration often issue these warnings, but other government agencies may issue them.
Determining Fair Compensation
An experienced attorney will help the victim determine fair compensation for their claim. They will consider economic and non-economic damages. Economic damages have a monetary value, so that can easily be calculated. Non-economic damages cover pain, suffering, and punitive damages, making them harder to quantify.
Class Action Lawsuits
A victim might want to join a class action lawsuit. These suits are brought by multiple patients who suffered similar chemical exposure illnesses caused by the same person, business, or other entity. Victims find that joining a class action suit can simplify the process, as the attorney or attorneys handling the lawsuit work on behalf of multiple victims and gain access to more information that can help prove the case.
Victims must act quickly if they believe they have fallen ill due to chemical exposure. If the statute of limitations has passed, they won’t be able to file a claim. Any person who has been diagnosed with an illness attributed to chemical exposure should speak with an experienced toxic tort attorney to learn how to proceed. The attorney will research historical company records to determine causation and liability, which are necessary for the case to be successful. They know how to find the information needed to prove the link so victims receive fair compensation for their injuries and illnesses.
