On the Difficulty of Toxic Tort Cases

Toxic tort cases are similar to personal injury suits in the sense that victims in both kinds of cases want their defendants to take responsibility for the fate that they suffered. Both legal procedures promise financial compensation if the plaintiffs win their case.

However, the similarity stops there. Personal injury cases deal with accidents that could have been avoided if the defendant had been more careful with his direct actions. For toxic tort cases, a plaintiff’s illness caused by harmful chemicals indirectly administered by the defendant is the usual grounds. Here are some of the most important criteria that have to be proven/rebutted during the proceedings of the case:

Causation

The connection between the plaintiff’s illness and the defendant’s involvement in the entire matter is one of the most difficult facts to connect. Defendants will consistently probe into invalid arguments, and the plaintiffs would have to make a valid connection between the defendants and their illness.

Evidence

Nothing is more vital to a plaintiff’s case than evidence; the sooner it is presented, the better. Witnesses can be hard to track down, and time can easily blur any accounts of an event that happened a long time ago. The existence of hard evidence will help plaintiffs get the reward they deserve.

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