When an individual is exposed to a dangerous substance like a chemical, pesticide, or pharmaceutical drug that could have otherwise been prevented, then the individual may have a toxic tort claim on their hands. New products are being introduced on a daily basis, especially with the technological advancements that are being made within society. The more knowledge, the more things will be created. While these products are being created to benefit individuals, many of these products contain substances that can severely injure a human being. Sometimes, the manufacturer may believe that the chemicals being used are safe, but once they have had a lawsuit filed against them for that product, they soon learn that they were wrong.
Other times, substances that are hazardous sometimes make their way on the ground and in the air, which can both cause significant harm to those who are exposed. Claims involving toxic exposure as just as complex as medical malpractice cases. They require the assistance of an experienced toxic exposure lawyer that understands the laws and special issues involved in toxic tort cases. If the toxic exposure was caused by an individual’s or companies negligence, the victim who suffered damages from the toxic exposure may have the right to file a claim against them. Proving that they were exposed to a toxin can be quite difficult to establish, but if the victim has a skilled lawyer that practices toxic tort cases, then their chances of winning are increased.
Unique Problems Involved with Toxic Tort Cases
As mentioned above, cases of toxic exposure are complex in nature. Proving these types of cases requires the assistance of a lawyer. Every toxic case is unique because a victim of a toxic exposure might have been exposed to a different toxin, and may have acquired a different health condition from that exposure. Regardless of the matter, there are some unique problems that come with these types of cases including:
How to prove causation
Causation is the main basis of a toxic tort case. With these cases, it is hard to trace the source of what caused the injury of the chemical that was involved. It may take years for a condition to manifest itself after the person has been exposed to the toxin. For this reason, it could be hard to demonstrate that the specific chemical caused their injury.
Lack of evidence
Because it may take years before a victim of a toxic exposure even realizes that they were exposed to such chemicals, there might not be enough evidence present to prove the causation. Documents may no longer be present, memories of the incident might not be so clear, and even witnesses might no longer be around to testify or simply do not remember.
Dependent on scientific evidence
Science plays a huge role in cases involving toxic exposure. Whether a scientific study shows the link to the health condition or not, the results of that data can either make the case successful or break it. If scientific developments are changed, plaintiffs that could not prove that a chemical caused their health condition in the past, might now be able to prove it.
Who do you sue?
Who would the plaintiff sue? It is a tricky issue with toxic tort cases because it may be difficult to track down which company manufactured the product, especially if the health condition surfaces years after the exposure took place. Anyone who may have a possible link to the victim’s exposure to a chemical can be sued.
Toxic tort cases require extensive knowledge and experience in order to successfully file a valid claim. The best personal injury attorneys from Percy Martinez Law Firm can decipher the facts and evidence associated with their client’s case to hold those liable for their damages surfacing from chemical exposure.