Many toxic substances can cause diseases that take decades to manifest. Asbestos-related cancer, for example, might not appear for 20 to 60 years after exposure. Although Texas law typically allows a two-year window to file a claim after discovering an injury, health problems can occur long after exposure to a toxic substance, creating unique challenges in toxic tort cases.
What is the “latency period” and “discovery rule”?
The “latency period” is the time between exposure to a harmful substance and the onset of symptoms. Having a long latency period can:
- Complicate proving causation, since the longer the time between exposure and symptoms, the harder it is to establish a direct link
- Affect the timing of lawsuits, making it challenging to file claims within standard statutes of limitations
- Complicate evidence collection, as time may destroy, misplace or reduce the reliability of crucial evidence
In Texas, the statute of limitations for toxic tort cases is typically two years from the date of injury. However, Texas courts may apply the ‘discovery rule’ in cases with extended latency periods, potentially extending the filing deadline. Under this rule, the statute of limitations may not begin until the plaintiff becomes aware of their injury or realizes its possible cause.
For instance, if a person develops cancer years after chemical exposure, the two-year clock might start when they discover the potential link between their illness and the exposure rather than the exposure date itself.
How can you link past exposure to current symptoms?
If you’re planning to file a toxic tort claim with delayed symptoms, various types of evidence can help prove causation:
- Medical records that document your health history, current condition and the progression of symptoms over time
- Professional opinions from medical professionals and scientists that can explain the link between exposure and your specific health issues
- Scientific studies and environmental test results from air, water or soil samples that can prove the presence of toxic substances in your environment
This evidence collectively demonstrates when and where exposure occurred and how it might have led to current health issues.
Delayed symptoms do not close the door on your claim
Just because your symptoms appeared years after exposure does not mean you’ve lost your chance for justice. If you have health issues caused by past toxic exposure, consider consulting with an attorney who can explain your rights and guide you through the legal process.
