A toxic tort claim is a legal claim of harm resulting from exposure to a dangerous substance. Some examples include pharmaceutical drugs, pesticides or chemicals. As with any personal injury claims or lawsuits, it is necessary for the plaintiff to provide proof and evidence regarding their allegations against the defendant. While elements that must be proven by the plaintiff vary depending on the theories involved, generally the plaintiff must show the following:

1.That the substance was dangerous
2.That the plaintiff was exposed to the substance and
3.The substance caused harm to the plaintiff

It is therefore important that the plaintiff find a law firm of professionals who have the necessary skill, experience and knowledge to handle toxic exposure matters, as the other side in almost all toxic tort matters will mount a rigorous defense. An attorney from Crowson Law Group shared why this is the case by stating that, “the main reason why toxic tort defendants put up a strong defense is that if they lose just one lawsuit, it inspires thousands of other injured persons to file their injury claims”. The attorney further stated that, “the damages awarded in such claims are very high (even if the plaintiff is an individual), thus the defendant has a lot to lose”; therefore, the defendant will do their best to poke holes in a plaintiff’s case by presenting evidence that the plaintiff failed to prove all the necessary elements of their claim.

Depending on what toxin is involved in the claim, there are common issues that come up in most toxic tort cases, such as:

1. Proving causation – this is where the plaintiff must trace the source of the chemical or toxin that caused the injury; with most toxins, illnesses manifest years later therefore, plaintiffs are tasked with proving that it was a specific toxin that was manufactured or distributed by the defendant that caused the plaintiff’s illness (and not a combination of substances or toxins).

2.Stale evidence – when a lawsuit is filed years after the initial exposure, evidence is hard to find. Documents may no longer be around or available, witnesses may be hard to track down or may be dead and memories may be fading or fuzzy. For example, mesothelioma manifests itself over five decades after the initial exposure to asbestos.

3.Scientific evidence – toxic lawsuits depend heavily on science and studies linking specific diseases to specific contaminants and these basically decide your case. Further, scientific breakthroughs can make or break your case.

As a rule, plaintiffs usually sue anyone and everyone who may have any possible link to the dangerous substance including:

- manufacturers and distributors of chemicals 
- manufacturers and distributors of machines or devices that exposed workers to chemicals
- owners and leasers of premises where the plaintiff was exposed to toxic chemicals
- manufacturers of equipment that failed to keep the plaintiff safe from chemicals or,
- companies that stored the chemicals

If you have a toxic exposure case, medical malpractice or had a car accident in Anchorage, these are all types of personal injury and as such, you should seek out a personal injury law firm experienced in handling such matters.