Toxic Torts FAQ

Questions:

• What is a toxic tort?
• How can I prove fault in a toxic tort case?
• Who can toxic tort victims sue for injuries and health problems?
• I recently became seriously ill from a dangerous chemical, but my exposure occurred years ago. Is it too late to sue?
• I was exposed to asbestos on the job several decades ago and now have mesothelioma. Can I get compensated for my illness?

Answer:

I recently became seriously ill from a dangerous chemical, but my exposure occurred years ago. Is it too late to sue?

An injured plaintiff must bring a lawsuit within a certain period of time after harm occurred -- under laws called statutes of limitations. In toxic tort cases, many plaintiffs don't discover their injuries until many years after the harm occurred, because symptoms often take years to show up. Luckily, the courts follow the "discovery rule," which means the clock doesn't start ticking on the statute of limitations time period until the plaintiff actually discovers the harm. If you just recently became ill from your exposure to a dangerous chemical, meaning you just discovered that the chemical harmed you, it is probably not too late to sue. Contact a lawyer immediately. To learn more about statutes of limitations in toxic tort cases, see Nolo's article Toxic Tort Litigation: Common Defenses.