How A Legal Nurse Consultant Brings Weight To Your Toxic Tort Case
Category: Uncategorized
Author: Georgina Tyburski
Posted: Friday - January 29, 2016
As we previously discussed, toxic tort refers to legal disputes that arise from exposure to toxic substances, such as pharmaceutical drugs, pesticides, dangerous workplace chemicals, and more. Toxic tort claims are usually brought forward by victims of these injuries, or by parties that represent them.
Not surprisingly, most companies and their legal teams will be quick to deny these types of allegations for the sake of minimizing their liability in a court of law. This means that victims of toxic tort need to be particularly attentive to the facts of their case and ensure that their claims meet the requirements needed to prove their claims.
Proving Toxic Tort
Toxic tort cases generally require that the following three conditions be met for a successful cause of action:
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The substance has been demonstrated or proven to be toxic/harmful/dangerous
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The plaintiff can prove that he/she was in fact exposed to this substance
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There is a clear, direct link between exposure to the substance and injuries/damages suffered by the plaintiff
In other words, toxic tort cases depend heavily on causation, and as the subject matter involves complicated scientific and medical aspects, it can be difficult for most individuals to back up their claims regardless of the validity of their case.
Legal Nurse Consultants Can Back Up Your Claims In Court
This is where a legal nurse consultant comes into play. As certified medical professionals, legal nurse consultants play a crucial role in legal matters involving medical or health-related claims, including matters that involve toxic tort.
Regarded as subject matter experts, legal nurse consultants can conduct the preliminary research and unearth the facts that can back up claims of toxic tort in a court of law. They tap into their knowledge and expertise to confirm that the substance is in fact toxic or harmful, and that a plaintiff was exposed to said substance beyond a shadow of a doubt. More importantly, they can make the critical connection between a victim’s injuries and his/her exposure to the toxic substance that is being scrutinized in court.
Victims of toxic tort should not try their chances without the aid of a skilled legal nurse consultant. These types of cases occur fairly frequently, and unfortunately it isn’t uncommon for plaintiffs who did not engage in the proper preparation to have their claims dismissed in court, leaving them to cope with the financial, physical, and emotional consequences that resulted from their exposure to a toxic substance or dangerous chemical.
If you or someone you know is dealing with a toxic tort legal matter, call the certified experts at Legal Nurse Consultants USA today.
