Harm and injury could literally be around the corner. No one is ever prepared to suffer injuries due to the negligence or carelessness of another; however, these unfortunate events happen to many unexpecting victims. In some matters, a victim is harmed by a toxic substance. This is often due to the negligence of a company or industry. In such matters, one could file a toxic tort claim to hold the negligent party accountable and recover damages of the losses and harms suffered.
Elements of a toxic tort claim
In order to prove a toxic tort claim, certain elements must be proven. First, the substance involved in the matter must be dangerous. Next, the victim must have been exposed to the dangerous substance. Finally, the substance was the cause of the harm suffered by the victim.
While some victims may suffer immediate harm after exposure with a dangerous substance, others may not experience symptoms or show signs of an exposure for weeks, months, years and even decades later. Therefore, time is essential in these claims.
Time and toxic tort claims
The more time that passes, the more challenging it might be to obtain records or uncover evidence that links the victim to the toxic substance that caused them harm. The passage of time can impact a victim’s ability to prove causation as well. Another area of concern regarding time is the statute of limitations when it comes to exposure for several years in the past. This could bar a victim from filing an action. Nonetheless, when the period of time starts and ends is dependent on the specific facts of the matter.
Whether it is an exposure at work, at one’s home, a public place, from a consumer product or due to a pharmaceutical drug, injury due to a toxic substance could be severe and life impacting. Thus, it is imperative one understands the rights afforded to them, how to move forward with a toxic claim and how best to calculate and recover the damages suffered.