How Do I File a Toxic Tort Claim?

Posted on July 14, 2022

A toxic tort claim results from a person’s injury or illness relating to their exposure to a toxic chemical. However, proving you were exposed and that any illness or injury you may have suffered stems from that exposure, is difficult. To get the help you deserve, speak with a toxic tort lawyer today.

Examples of Toxic Torts

We are exposed to countless substances every day. Rarely are those substances extremely toxic to our health. Unfortunately, toxic substances are often caused by companies. Whether by polluting the water you drink or the air you breathe, potentially toxic substances often result from companies failing to properly follow rules and regulations.

Examples include:

Asbestos
Chemically-treated foods and materials
Lead
Mold
Weed killer

In the case that you are exposed, you have recourse in the form of a toxic tort claim. With this type of legal procedure, you can allege a company was negligent in their disposal of chemicals or they included known toxic substances in products they sold.

Why File a Toxic Tort Claim?

Filing a toxic tort lawsuit is not a simple process, but possible complications should not be a reason to avoid pursuing a toxic tort claim.

Filing a toxic tort lawsuit is important because it may help protect you or a loved one injured by chemical exposure. Treating exposure to toxic substances can be extremely expensive and the injuries you face could cause life-threatening or life-altering medical conditions. To help you weather the financial burden, you may be able to collect compensation from the negligent party. Your compensation may include:

Emotional distress
Loss of companionship
Loss of life enjoyment
Lost earning potential
Lost income
Pain and suffering
Present and future medical expenses
Rehabilitation costs

We understand that a lawsuit and financial compensation may not be on the front of your mind. However, we know that you will face extreme financial difficulties relating to your toxic substance exposure. Getting compensation from the negligent company may be the only way you can avoid financial hardship.

Proving a Toxic Tort Claim

To win a toxic tort lawsuit, you will need to show that you were exposed to a toxic substance, and you were injured by the exposure. This may sound simple and direct to you. After all, you know you were exposed and you know when and how that exposure occurred.

However, you will need to prove your allegations with evidence to support your claim. The evidence may include job records if you were exposed at work. It may include medical records showing your health before and after the toxic substance exposure. It also depends on how you were exposed, as there are four main categories of company liability.

Negligence. Negligence occurs when someone else, including a company, owes you a duty of care to treat you safely, but fails to do so. Because of the negligence, you are injured. Again, this sounds simple, but you need to prove these elements with evidence.
Product liability. Product liability occurs when a company manufactures a product that injures you. The product could have been made incorrectly and damaged, or it could contain toxic parts. In either scenario, you need to show the produce was defective or unreasonably dangerous, and that you used the product in the manner in which it was intended.
Intentional tort. An intentional tort occurs when a company knew their product was defective or dangers but sold it to you anyway. When this happens, you need to show that the company had knowledge of the defect or danger and that you purchased the product without this knowledge.
Strict liability. Strict liability occurs when a company’s product was inherently dangerous. With this type of toxic tort claim, you do not need to prove that the company intended to mislead you or that they were careless in the design and manufacture of the product. You simply need to show that the product was dangerous, and you used the product as intended. While this sounds like the simplest option, it still requires a great deal of evidence to prove the claim.

Long-Term Exposure

Toxic tort claims can arise when you are exposed briefly and to a high amount of a toxic substance. However, much like with asbestos claims, you can be exposed little by little over a long period of time. Like asbestos, it may also take years or decades for symptoms of your exposure to show up.

If you had no idea where you were exposed to toxic substances, it may have been a long time ago. You still have the right to seek compensation for your injuries.

It may be challenging to find evidence because of your uncertainty of where and when you were exposed. This is why you should seek the guidance of a trusted toxic tort attorney who can help you collect as much evidence as possible to help prove your claim. Your lawyer can also work with your medical professional to review the medical records showing your physical condition before and after your exposure.

These medical records can provide crucial evidence about when you were exposed and how it impacted your body and your life. Your doctor’s records will give your legal team additional insight about your chemical exposure and what steps you can take to get better. It also provides vital evidence about the cost of your medical treatment, both in the past and the future, allowing your lawyer the ability to seek maximum compensation for you.

The Plainfield Environmental Lawyers at Herold Law, P.A. Help You Recover

Proving your toxic tort claim will require the support and guidance of a trusted legal advocate. Speak with our experienced Plainfield environmental lawyers at Herold Law, P.A. to get the guidance you deserve. Call us at 908-647-1022 or contact us online today. With offices in Warren, New Jersey, we proudly serve our neighbors in Warren and Plainfield.