What’s a Poisonous Tort and What Does it Should Do with Private Harm? – Private Harm Authorized Blogs Posted by Michael John Tario

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What is a Toxic Tort and What Does it Have to Do with Personal Injury? - Personal Injury Legal Blogs Posted by Michael John Tario

In personal injury law, an unlawful act is a bodily injury that is caused by civil (not criminal) misconduct. In general, actions are not deliberate but involve negligent behavior by a drunk driver that causes a car accident that injures another. A poisonous tort is deemed to exist if the injured person (applicant) claims that she was injured because of the negligence of another person because she was exposed to a toxic substance or chemical.

In order to prove a personal injury claim, the injury lawyers must prove the following:
1. There was a relationship that required due diligence.
2. The duty of care was negligent,
3. Negligence was the immediate cause of the injury,
4. And actual damage such as pain and suffering and medical bills have been suffered.

What complicates toxic cases?

Every individual case of personal injury has its own complications and challenges. What complicates toxic species in general is that injuries occur years after exposure and even then may not be easily visible. In addition, it can be challenging to prove that a medical injury or illness, such as cancer, was caused directly by exposure to a toxin or chemical. This is number three on the list of things that need to be proven. Medical experts must be employed to prove the connection.

What are the most common causes of exposure to toxins and chemicals?

The most common causes of exposure to toxins and chemicals are:

1. Exposure at work. Workers in certain industries may be at risk of exposure to chemicals such as lead, asbestos, benzene, cadmium, mercury, paint, and silica. Exposure can cause nerve and neurological injuries, burns, rashes, and neck and lung injuries. If an employee is exposed to toxins or chemicals at work, his injuries are almost always covered by an employee's right to compensation. While employers cannot be sued for exposing their workers to chemicals or toxic substances, a civil suit (personal injury claim) may be appropriate if the breach is due to negligence or to other people than the employer.

2. Exposure in your home. Toxic molds are a serious risk in cool, humid places like the Pacific Northwest. Symptoms of toxic mold poisoning include dry cough, wheezing, and rashes. If people in your home are exposed to toxic molds, they may be able to sue the contractor if their negligent building causes toxic molds to grow and spread. The homeowner's insurance policy can cover cleaning costs.

3. Exposure in a rental house. If a tenant is exposed to toxic mold or carbon monoxide poisoning in his rental home, he may be able to sue his landlord if his landlord has acted negligently, knowingly not remedying a dangerous health risk in good time. Symptoms of carbon monoxide poisoning include weakness and loss of consciousness.

Seek the help of a personal injury lawyer

If you or a loved one has been injured due to someone else's negligence, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident lawyer fight for the full compensation you deserve. It is not uncommon for the insurance company to receive a five to ten times larger severance payment with the help of a lawyer. Call the Personal Injury Lawyers at Tario & Associates, P.S. in Bellingham, WA today for a free consultation! We have represented residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You pay nothing in advance and no attorney fees unless we claim damages for you!