Personal Injury Resulting From Toxic Poisoning

Toxic poisoning can come from a number of different factors. If you drank contaminated groundwater, were exposed to toxic chemicals, were exposed to asbestos, or otherwise inhaled or consumed poisons or carcinogens, you may suffer from toxic poisoning. If this occurs, then you may wonder whether you can sue the person who exposed you to the dangerous chemicals. The answer is that you may be able to file such a lawsuit, but that there are often complications associated with doing so.

Personal Injury Lawsuits and Toxic Poisoning

When you file any type of personal injury case, you need to prove three things:

That the defendant breached his standard of care (most often, this means proving the defendant was negligent or that his behavior fell below the level of care that a reasonable person would have provided)
That you suffered an injury
That the defendant's breach of duty was the proximate or direct cause of your injury

The problem in toxic poisoning cases often comes with proving this third element. This is referred to as a problem of causation.

Causation and Toxic Poisoning

Often, the injuries that result from toxic poisoning do not show up until many years later. In addition, many of these injuries are things such as cancer, liver problems, kidney problems or related problems with organs affected by the poison. Sadly, things such as cancer have many potential causes and scientists and doctors have been unable to pinpoint the exact cause of most types of cancers.

This creates a problem of proving that the exposure to the toxin was directly caused by the defendant. In some cases, such as with exposure to asbestos, this problem doesn't exist because the type of illness- mesothelioma- caused by asbestos exposure is only caused by asbestos exposure. In cases, where the toxic exposure leads to some other type of cancer, such as leukemia for example, it can be hard to prove just what the cause of that leukemia was... especially if it develops many years after the exposure.

It is still possible to sue and win a case for toxic exposure. Evidence may include pointing to an abnormally high rate of cancer in a certain area, such as the area where the groundwater was contaminated with chemicals. It is just more difficult to make such a case.

Getting Help

If you have been the victim of toxic exposure and want to sue for your damages, it is essential that you get help from an experienced personal injury attorney. Because of the difficulty inherent in proving these cases, you will need the help of an expert legal professional to build a case that convinces the jury you are entitled to damages.

Have a Personal Injury Case?