Toxic Torts
A toxic tort is a term that refers to someone who, through the fault of another party, has been exposed to toxins and incurred an injury, illness, birth defect, or even death as a result of the other party’s negligence. Toxic torts can also refer to properties that have incurred damage as a result of negligence. The party making the toxic torts claim must prove that the injury or illness directly results from the negligence of the other party.Types of Toxins
Toxins can be found anywhere, in the air, water, food, in the workplace, school, or in the home. These toxins can come from a variety of sources such as farms, manufacturing facilities, chemical plants, mining operations, as well as schools, offices, and people’s homes. Some common examples of toxins include asbestos, lead paint, dry cleaning solvents, and pesticides.
Filing a Toxic Tort Case
Toxic torts are part of tort law and may be difficult to prove especially when illness does not become evident until many years after exposure to the toxin. When hiring an attorney for toxic torts it pays to be sure that toxic torts are his or her area of expertise. One advantage of toxic torts is that, very often, groups of people (versus individuals) may have been injured or fallen ill due to a single toxin—especially when it comes to environmental contamination such as asbestos or lead paint.
There is strength in numbers. After all, the same illness occurring in many people working at the same factory of nuclear plant indicates that something unusual is occuring, and the defendant will find it more difficult to win the case. When a group of people files a similar claim, it is called a class action suit. Many toxic torts fall into this category.
Toxic Torts Compensation
In the case of toxic torts, the person filing the suit is entitled to a form of retribution that restores him to his former standing before being injured or stricken ill. This might include financial compensation or provision of medical care.
Unfortunately, most damage resulting from toxins is permanent and full phyical restoration is not possible. In this instance, the victim is entitled to compensation for damages such as past and future medical care, loss of wages and future earning potential, as well as pain and suffering.
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