What is a Toxic Tort - Personal Injury?

If you bring a legal claim for harm or personal injury caused by a dangerous substance, then this is classified as a "toxic tort."

There are several situations where personal injury or illness might lead to a toxic tort claim:

· Unintended side-effects from pharmaceutical drugs. There are currently several class action lawsuits based on harm caused by pharmaceutical drugs, such as Prozac, Zoloft and other drugs.

· Exposure to hazardous materials at work. Personal injury or illness caused by occupational exposure may be considered a toxic tort. Examples of this might be asbestos and benzene exposure.

· Exposure to hazardous or dangerous substances at home. An example of this type of situation might be toxic mold.

· Use of certain consumer products. Injury or illness in this situation might include using dangerous products such as pesticides.

In order to bring a toxic tort legal claim, the individual (or group) who suffered personal injury or illness must prove that they were exposed to the substance, it was dangerous, and they were harmed because of the exposure.

There are many challenges for presenting and proving a toxic tort claim. The defendants (party or parties against whom the claim is made) will likely have a substantial amount of resources to defend themselves; and will expose every weak point in a plaintiff's case.

Therefore, you should work with our attorneys to ensure that you are well-prepared for the challenges of a toxic tort case.

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