Toxic Tort Personal Injury Cases in NY
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New York City Toxic Tort Personal Injury Cases
A toxic tort personal injury case is one of the most complicated personal injury claims to prove. Unlike a slip and fall accident or a car accident, a toxic tort personal injury case doesn’t have a clear series of events that led to the accident. Instead, the damage is done over an extended period of time, often growing slowly until it becomes a problem.
In order to win a toxic tort case, you need to understand the ins and outs of this particular kind of personal injury claim.
What is Considered a “Toxic Tort?”
As in all personal injury cases, the plaintiff believes that another individual is responsible for injury or harm done to them. In the case of a toxic tort, that harm is caused by exposure to a toxin or chemical, such as mold, asbestos, lead paint, or defective medications. A toxic tort personal injury claim may also come from exposure to contaminated water, air, or environment.
The person responsible for the injury will depend on the kind of exposure but is frequently a landlord, a waste disposal company, or a drug manufacturer.
The Statute of Limitations for a Toxic Tort
Because toxic exposure causes damage slowly, knowing when the start date for the statute of limitations can be difficult. In most situations, the discovery rule would apply to a toxic tort personal injury case.
The discovery rule states that the statute of limitations does not begin until you are made aware of an illness caused by the exposure. This can protect you if you do not know the exposure has caused damage for many years.
Proving a Toxic Tort Case
Proving a toxic tort case follows the same process as a standard personal injury claim. In order to receive compensation for your toxic tort case, you must prove that the party you are claiming is responsible for the injury had a duty to protect you.
You must then prove that they did not live up to that duty and that their actions resulted in harm to you. Finally, you must prove that you were injured from that harm.
If you have additional questions about toxic tort, contact the personal injury attorneys at Held & Hines, LLP. Serving Manhattan and Brooklyn, the Held & Hines team can help you get the compensation you deserve.
Posted in: Personal Injury
