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Many individuals suffering physical injuries after exposure to a toxic material are unclear about whether what they experienced constitutes a toxic tort claim. By understanding what is involved in a toxic tort claim, injured individuals can protect their legal rights to obtain compensation.
When the negligence or carelessness of another person or company causes physical injuries, financial loss, or other damage, a tort has occurred. Toxic tort claims arise when damage or injury results from exposure to a toxic substance. When an individual can prove her or she was exposed to a substance, the substance was toxic, and the exposure resulted in harm, they satisfy the elements of a toxic tort claim.
Toxic materials can be found in workplaces, homes, consumer products, and pharmaceutical drugs. Some of the most common substances containing toxins that cause physical injuries include asbestos-building materials, lead-based paints, pesticides, dry cleaning solvents, welding materials, benzene products, and certain pharmaceuticals.
Evidence of past exposure is crucial for a successful toxic tort claim. Proving actual exposure to a toxic material can be difficult. The physical injuries caused by toxic exposure often take many years to appear. Demonstrating that an individual was exposed to a toxin in the past often requires detailed evidence gathering and document review. Injured individuals may seek documents proving dangerous toxins were released into the environment as part of the discovery process during litigation
Usually, exposure to a toxic substance will not be enough to support a toxic tort claim. Individuals must prove harm occurred as a result of the exposure. Some of the most common diseases resulting from exposure to toxins include mesothelioma, non-Hodgkin’s lymphoma, kidney cancer, leukemia, and other cancers and serious illnesses.
Individuals suffering physical injuries after being exposed to toxic materials may be entitled to compensation. By filing a civil lawsuit against those parties responsible for releasing dangerous toxins into the environment, toxic exposure victims can receive compensation for medical treatment and lost wages, as well as damages for pain and suffering. Entities facing potential liability in toxic tort matters include the companies which manufacture, distribute, sell, or market products containing toxic materials, as well as industrial users and handlers of hazardous waste.
If you or a loved one suffered physical injuries after exposure to toxic materials, the experienced Philadelphia toxic tort lawyers at Williams Cedar can help. We work with toxic exposure victims and their families to protect their legal rights and obtain compensation for their injuries. With offices conveniently located in Philadelphia and Haddonfield, New Jersey, we proudly serve individuals throughout Pennsylvania, South Jersey, and nationwide. To schedule your free consultation today, call us at 215-557-0099 or submit an online inquiry form.