3 Challenges in Your Toxic Tort Case

A lawsuit based on a toxic tort, where a dangerous substance has caused personal injury or illness, faces three major challenges.

1. Old Evidence. There are times when the personal injury or illness related to exposure to a toxic substance can take years to manifest. That is, if an individual worked years ago in a factory with asbestos, it may be quite difficult to obtain the necessary evidence. Records may be lost and the potentially responsible parties may be difficult to locate.

2. The Cause of the Illness. It can be quite difficult to prove that a certain dangerous substance actually caused a specific illness. Again, it is common for personal injuries to take years to manifest. Therefore, defendants can use this time frame to suggest that other factors, rather than their substances, are the true cause of the illness.

3. Scientific Evidence. Obviously, toxic tort lawsuits are heavily dependent on scientific evidence. It is crucial for attorneys to understand the latest findings on cause and effect for the dangerous substance in relation to a specific illness. As science advances, this information can "make or break" a lawsuit.

These are only three of the hurdles for successfully litigating a toxic tort case. Every toxic tort lawsuit is specific to the substances, illnesses and manner of exposure. Contact our experienced attorneys to discuss the issues of your personal injury or illness and the relationship to dangerous substances.

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