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What Is a Toxic Tort? August 1, 2020

New City, Rockland County
What Is a Toxic Tort?, ,

Toxic torts are a broad category of personal injury law that applies to incidents involving exposure to toxic chemicals. Specifically, these cases occur when a negligent party causes harm due to irresponsible toxin management. With help from a lawyer, victims can take action against responsible parties and seek compensation for damages caused by the harmful exposure event. To help shed more light on this complex area of personal injury, here are a few important details to know about toxic torts.

What Are Common Examples of Toxic Torts?

There are many ways that an individual may be harmed by a chemical substance due to another party’s negligence. As such, there are several different types of toxic tort cases.

personal injurySome of the most common examples of these suits occur when an entity—such as a commercial or governmental agency—pollutes the environment with a harmful substance. If this chemical contaminates groundwater, soil, or air, individuals whose health is adversely affected by the exposure may pursue a toxic tort.

Another prevalent example is when property owners are found responsible for exposing inhabitants of a building to dangerous substances, such as black mold, asbestos, or lead paint.

Workers might also seek compensation from employers who inappropriately managed chemical exposure in the workplace.

How Is Responsibility Proven?

For a toxic tort to be valid, the plaintiff must first prove that they were unwillingly exposed to a harmful substance and that the exposure resulted in damages, such as health problems that required medical care.

The plaintiffs must also show that this toxic exposure was the result of another party’s negligence, such as by failing to notify the public of the substance or intentionally concealing the presence of toxins.

How Can a Lawyer Help You if You’ve Been Harmed By Exposure to Toxins?

Proving cause in a court of law in a toxic tort is often incredibly difficult. Some personal injury lawyers, however, specialize in this area of tort law and have in-depth knowledge of what it takes to demonstrate causation.

Whether you’re an individual or part of a class-action lawsuit, your attorney will act on your behalf to prepare a case that carefully examines what damage was done, how the damage occurred, and why the defendant is responsible. This may be done by relying upon scientific facts, as well as by referring to previous cases. Upon proof of causation, the lawyer will also negotiate settlements to ensure you’re given fair compensation.

 

Recovering from an injury is never easy, but Neimark & Neimark will help simplify the way you seek compensation for damages that result from a liable party’s actions. Specializing in personal injury and serving Rockland and Orange counties, NY, this firm is well-versed in tort law, including toxic torts. With experience and compassion, these attorneys will work with you to build a strong case and seek the compensation you deserve. To learn more about their capabilities—including medical malpractice and workers' compensation representation—visit this law office online. If you’d like to discuss your case with an attorney, call (888) 725-7424.

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