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Clark Love & Hutson

The Nationally Recognized Plaintiffs Litigation
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The Nationally Recognized Plaintiffs Litigation Law Firm

Toxic tort litigation: what is it?

On Behalf of | Oct 12, 2020 | Plaintiff Litigation |

One of the main issues with pursuing a toxic tort claim is that Texas residents are likely to be exposed to substances over long periods of time and in some instances, a long time ago, making it difficult to prove that the substance negatively affected the victim. However, this should not prevent injured individuals from pursuing a tort claim against someone who has carelessly or negligently caused them harm and experienced attorneys can help victims get justice.

Generally speaking, a tort is a civil claim filed against an individual who has caused an injury to someone’s body, financial situation or other interest. The person causing the harm is usually behaving in a careless or negligent manner. With regards to a toxic tort then, the tort is caused by coming into contact with a toxic substance. Unfortunately, the corporate industry’s progress in the last few decades, toxic substances in the environment have increased immeasurably.

What will I need to prove in a toxic tort case?

To succeed in a toxic tort case, the injured victim must show that the substance in question was dangerous, the victim was exposed to the substance and the substance brought harm to the victim. Given the nature of exposure and how long it takes for the manifestation of harm, it can be difficult to prove that the substance in question caused the harm and not intervening causes.

Fact-finding and discovery is very important in toxic tort litigation and can require testimony from experts. it can be difficult to obtain records because of the passage of time as well. However, experienced attorneys can guide victims through the process to get them the justice they deserve and the compensation they need to move on with their life.