When a personal injury claim is filed in an effort to address unlawful and harmful exposure to a chemical substance, this legal action is commonly referred to as a “toxic tort.” If you have ever seen the Oscar-winning film “Erin Brockovich,” or have followed the saga of the water crisis in Flint, Michigan, you are familiar with this concept. Toxic torts may be caused negligently, recklessly, or intentionally. Meaning that a company, municipality, organization, private citizen or other legal entity may cause harm to another through toxic chemical exposure on purpose, with disregard for the other’s safety or simply as a result of carelessness. Regardless of how toxic torts originate, it’s important to understand that those harmed by unlawful chemical exposure are not powerless. With the assistance of an experienced Spartanburg, SC environmental lawyer, they may be able to hold those who harmed them accountable in a court of law.
Toxic Tort Claims – The Basics
Toxic tort lawsuits progress much in the same way that other personal injury lawsuits do. With the assistance of an experienced Spartanburg, SC environmental lawyer, a victim readies a legal complaint in which they explain the harm that they have suffered and how that harm was caused. Once this complaint is filed with the Court, defendants named in the claim have the chance to respond. Most toxic tort claims (more than nine in ten) settle out of court. However, there are times when these cases go to trial. Whether they are settled or submitted for a verdict, these cases can result in significant financial compensation awards known as damages. If you’ve been injured as a result of a toxic tort, your Spartanburg, SC environmental lawyer will do their best to ensure that your damage award is as high as it can possibly be, based on the kinds of harm you have suffered. You may be eligible for both economic damages stemming from objective costs (medical bills, lost wages, etc.) and non-economic damages that are more subjective (pain and suffering, etc.). If you are the family member of someone who has passed away as a result of injuries or illnesses originating with toxic tort exposure, you may be able to file a wrongful death suit on behalf of your loved one.
Legal Assistance Is Available
If you have been injured as a result of exposure to harmful chemicals, you may have cause to file a legal claim against the person, business or other legal entity who unlawfully caused that exposure. An experienced Spartanburg, South Carolina environmental lawyer from Poliakoff & Associates, P.A. can help you explore your options and develop a legal strategy designed to get you access to any compensation you may be entitled to under the circumstances.