Some substances are inherently toxic, such as asbestos and Agent Orange. You may not even know you were exposed to these dangerous substances until your exposure over time has made you seriously ill. In such situations, it can help to learn more about toxic tort claims.
What is a toxic tort?
A toxic tort is a type of product liability claim. Product liability claims are a type of personal injury lawsuit in which you pursue legal action against a person or company that designed, manufactured or sold a product that injured you, resulting in damages.
A toxic tort arises from exposure to toxic substances such as asbestos that causes injury to a person. Toxic torts often form the basis of class action lawsuits, because many people will have been injured due to the same incident of exposure.
What needs to be proven in a toxic tort claim?
To prevail in a toxic tort claim you must prove the following. First, you need to show you were exposed to a substance that is known to cause disease. Second, you need to show that the defendant was responsible for exposing you to the substance that caused your illness.
Third, you need to show that you suffered damages due to the exposure. Finally, you have to show that exposure was the proximate cause of your exposure.
While pursuing a toxic tort claim may be the best way to recover compensation for the harms you suffered due to toxic exposure, it is not something most people are familiar with. Personal injury attorneys can share more information about toxic tort claims and how they apply to your situation.