To understand what a toxic tort is you first have to understand that a tort is a wrongful act or negligence that results in injury to someone’s property, or livelihood. This typically results in some sort of compensation. Therefore a toxic tort is caused by exposure or contact with a toxic substance including chemicals, pesticides, or pharmaceutical drugs.
Often times people are exposed to chemicals and other contaminants that can cause serious and even life threatening illness. These circumstances have increased dramatically in the last few years due to the amount of toxic substances in our environment today. Toxic tort cases are typically in these few scenarios:
- Pharmaceutical drugs that cause unplanned side effects.
- Being exposed to toxins at a high rate while at your job.
- Breathing on injecting mold while in your home
- Using products in everyday life that causes illness.
How a Toxic Tort Claim Works
When making a toxic tort claim the plaintiff exclaims that exposure to toxins or other substances has caused injury or illness. It can be bought against a plethora of different defendants including companies, manufacturers, landlords, or anyone else who might be directly responsible for the injury or illness. The plaintiff needs to prove the party owed a legal duty that was breached and caused the plaintiff harm. This can sometimes be difficult to pinpoint if the plaintiff’s exposure incident took place years ago and it can be difficult to acquire the records for evidence or the judge can not be sure of the other interfering circumstances following the years after. The statue of limitation for making a toxic tort claim is typically two to three years depending on the state.
If you or someone who know was exposed to toxic substances and need to my a toxic tort claim, contact The Cochran Firm today at 1-800-THE-FIRM.