Proving Injuries or Illnesses Caused by Dangerous Substances – Toxic Tort

By Staff Writer

In the technically advanced world that we live in today, there are a variety of new chemicals, substances and medicines introduced into our lives each and every year.  Some of these chemicals are considered safe at first, but years later it is proven they were not as harmless as they were thought to be.  Prescription drugs that were supposed to help you, actually cause harm.  Pesticides that were meant to kill weeds may nearly kill you instead.

If you or a family member has become seriously injured or ill due to substance exposure, you may have a personal injury case known as “toxic tort.”

Proving a particular substance made you ill can be a very difficult task and one that may require an experienced Tennessee pollution and toxic injury attorney.

Below are common examples of toxic tort cases where a person could suffer damage from exposure to a dangerous substance or chemical:

• Asbestos exposure
• Lead paint exposure
• Toxic medicines that caused more harm than good
• Exposure to mold
• Contamination of the ground or water due to dumping of chemicals
• Contamination of air due to toxic gases and fumes

According to NOLO.com, there are several important, and often difficult, elements to a case that a plaintiff must prove:

• Determining fault. Proving the chemical or substance is the main culprit behind the illness or injury may be difficult because an illness may not manifest itself for years after exposure.
• Usable evidence. Stale evidence is when so much time has lapsed since the exposure that your documents, as well as witnesses, may no longer be valid.
• Scientific consensus. Scientific studies must often be used to help win these types of cases. Studies that show evidence of a particular substance causing damage or illness may weigh heavily in court.

Another difficult task in a toxic tort case can be deciding who you are to sue.  Who was the manufacturer of a particular medication?  There may have been several.  Do you sue the distributor or the store that sold you the product?  In these cases, the plaintiff will usually sue anyone that could have been involved.

If you or a loved one has experienced an illness or injury due to toxic chemical exposure or tainted substances, contact Tennessee’s experienced personal injury attorneys at Gilreath & Associates to discuss your case at no charge.

Posted in Uncategorized | No Comments »