What is a toxic tort?

A toxic tort is a legal action that holds a person or entity accountable for causing harm to another person or the environment due to exposure to a toxic substance. In California, a toxic tort is typically filed in civil court as a personal injury or wrongful death suit rather than criminal court. It is important to note that toxic torts are complex cases due to the fact that they often involve multiple parties, involve long-term or delayed exposure to toxic substances, and require extensive scientific testing and expert testimony. In a toxic tort lawsuit, the plaintiff, who could be an individual or a group of people, must prove that their illness or injury was caused by exposure to a toxic substance. The plaintiff must also prove that the defendant was negligent or careless in their handling of the toxic substance and that their negligence was the direct cause of the harm. In order for a plaintiff to receive compensation in a toxic tort lawsuit, they must demonstrate that the defendant was aware of the risks posed by exposure to the toxic substance and failed to take reasonable steps to protect them from harm. Toxic torts can be complicated cases and often require an experienced attorney to successfully navigate. While the process of filing a toxic tort claim may be lengthy, a successful claim can provide the plaintiff with much-needed financial compensation to compensate for the medical bills, emotional duress, lost wages, and other damages they have suffered.

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