Many Texas residents can attest to the long-term harm a toxic chemical can cause. If you have are suffering from an illness or injury as a result of your exposure to a toxic substance, you may consider filing a toxic tort claim to recover damages for your injuries or damages.
A toxic tort claim may stem from contact with or exposure to a toxic substance. Many toxic tort claims stem from exposure to the following:
- Benzene
- Air pollution
- Water pollution
- Defective devices
- Asbestos and mold
- Lead
- Hazardous waste materials
What will I need to prove to recover damages?
Filing a toxic tort claim will require you to establish that you were exposed to a toxic substance and that you suffered an injury because of the exposure. You will also need to establish that another party (e.g., manufacturers) breached the duty of cared owed to you, caused you to be exposed to the toxic substance, and reasonably knew or should have known that the substance was toxic.
How long do I have to file my claim?
Generally, you have two years form the date of your injury to file a personal injury claim in the state of Texas. However, many people who have been exposed to toxic substances do not notice any symptoms of exposure until years after the exposure occurred. Therefore, in these cases, under the discovery rule, the statute of limitations typically does not begin until the injury is discovered or reasonably should have been discovered.
To give yourself the best chance at recovering damages, you should gather your evidence to proceed with your toxic tort litigation as soon as possible. The best evidence will establish that you were exposed to the substance and that the substance caused you harm. This evidence may include medical records, chemical test results, and witness and expert testimony.
