A toxic tort is a specialized area of civil law. To begin, a tort deals with physical, emotional, or financial harm caused to another person through the negligent act of another. In some cases, carelessness can also be the cause of such harm. A toxic tort, therefore, is harm caused by negligent or careless treatment of a toxic substance, such as chemicals or radioactive materials. The increasing use of such substances has made the area of toxic tort law a necessary sub-classification.
What Should I do, if I’ve Been Injured by a Toxic Chemical?
Just identifying that you’ve been exposed to a toxic substance and that it has caused you harm may be more difficult than it would seem. Symptoms may take months or even years to manifest. If you suspect you have been exposed to a harmful substance or a current health condition could be linked to an exposure, see your doctor as soon as possible.
See a Lawyer as Soon as Possible
Consulting an attorney as soon as you suspect exposure to a toxic substance caused you harm is key to ensuring you can seek compensation. Civil suits are governed by a statute of limitations, which limits the period in which a lawsuit can be filed from the time when the harm occurred. If you wait too long, you may miss your chance to get the offending party to pay your damages.
How Will an Attorney Help?
When it comes to winning a toxic tort case, there are a number of factors that must be proven. An experienced attorney will know just how to approach these issues and how to document the evidence. They are:
- Proving the party had a legal duty to prevent exposure/harm.
- Proving that the duty was breached.
- Proving that the breach caused you harm.
- Establishing the type and extent of that harm.
If you have been injured through the mishandling of a toxic substance and are looking for a Missouri tort lawyer, Holloran Schwartz & Gaertner are experienced in the handling of toxic torts. This MO tort attorney will look at your case and give you an honest assessment of your circumstances.