Houston Toxic Tort Attorneys

Representing Houston Individuals Harmed by Toxic Substances

Some substances, including certain chemicals, pharmaceutical drugs, pesticides, and toxins, are inherently dangerous. Organizations that handle these substances in their workplace facilities or include them in their products have a legal obligation to prevent unintended, dangerous exposure to others. If you suffer harm due to your being exposed to a toxic substance, you may have a legal case against the party responsible for the exposure.

At Potts Law Firm, we are committed to helping you get the recovery you deserve for your injuries. We want to help secure the financial resources you need to move forward with your life, and it’s all about our power and results: We have recovered over $1 billion for our clients and represented thousands of people in these matters. Our Houston toxic tort lawyers will make every effort to secure the best possible result, no matter the complexity of your case.

You pay no attorney’s fees unless we win, so call (713) 348-9638 or contact us online to speak to one of our legal professionals today. Same-day appointments are available, and our firm offers services in English and Spanish.

What is a Toxic Tort?

A toxic tort is a legal claim filed by a person who suffered injuries due to exposure to a toxic substance against the party whose negligence caused the exposure. A person can be potentially exposed to harmful substances in a variety of environments, though most claims arise from exposures in a workplace or in a home located nearby a facility where these substances are present.

The injury-causing exposure may be caused by a single incident, such as an explosion or massive leak. Harm can also be caused by long-term exposure if a toxic substance is routinely released into the air, into a building, or into a nearby water supply.

Toxic torts claims are often the result of:

  • Occupational exposure. Workers in facilities that handle toxic substances may be exposed to those substances on a daily basis. Though safety protocols may be in place to reduce the likelihood and impact of dangerous exposure, sustained contact over many years or a single workplace accident can lead to dire outcomes.
  • Exposure in the home. When a home is located near a facility that frequently handles toxic substances, the close proximity can create situations where occupants will become exposed over time, especially if the facility allows the substances to escape into the air or adjacent water supply. A catastrophic event like an explosion or chemical spill can also generate immediate consequences for nearby homes.
  • Defective products. If a product contains a toxic substance that the manufacturer does not adequately warn consumers about, a consumer may be able to pursue a toxic tort claim if the dangerous product causes injury.
  • Pharmaceutical drugs. A toxic tort claim may also be a remedy for consumers who ingest pharmaceutical drugs that cause unadvertised and unintended adverse side effects, particularly if the manufacturer misled consumers about the possibility or likelihood of these side effects.

Harmed by what appears to be an exposure to toxic substances but not sure whether you have a claim? Our Houston toxic tort attorneys can listen to your story, determine whether you have a strong case, and walk you through your legal options.

Common Injuries Caused by Exposure to Toxic Substances

The inhalation and ingestion of toxic substances, including harmful vapors in the air and contaminants in water, can produce short- and long-term adverse health consequences. The types of injuries someone may sustain will usually depend on the type of toxic substance and the extent of the exposure.

Common diseases caused by exposure to toxic substances include:

  • Asbestosis
  • Birth injuries
  • Cognitive impairments
  • Heart problems
  • Hodgkin’s disease
  • Kidney issues
  • Leukemia
  • Liver problems
  • Lung cancer
  • Lymphoma
  • Mesothelioma
  • Nervous system disorders
  • Respiratory diseases
  • Skin disorders
  • Stomach conditions

Do not suffer in silence. Potts Law Firm can help you get justice, including compensation for your injuries. Call (713) 348-9638 or contact us online to get started.

It's All About Your Recovery

Hear From Our Past Client's
  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary
  • Great law firm!

    “Very responsive they would call and text me about everything going down! They helped me get through my car crash and I would greatly recommend this team!”

    - Hugo G.

How Toxic Tort Claims Work in Texas

Many, but not all, toxic tort claims hinge on proving negligence. To establish negligence and recover damages from the person or organization responsible for the toxic exposure, you must show that the defendant owed you a duty of care, that the duty of care was breached, and that the breach caused your injuries. If you live near a facility that handles toxic substances, you can probably successfully argue that the facility owed a duty of care to its neighbors, which means they must undertake reasonable efforts to avoid exposing them to dangerous chemicals. A facility might breach that duty of care if their carelessness resulted in a leak that resulted in nearby homes, including yours, being exposed to a dangerous chemical. Once a breach has been established, you must demonstrate that the breach directly caused you harm. If you suffered serious health consequences after a leak, for example, you would need to show those health consequences were specifically the result of the leak and not caused by something else.

You can also file a toxic tort claim based on intentional misrepresentation or fraud. This may be the appropriate strategy if there is evidence the defendant knew a toxic substance was dangerous (or that exposure to it was possible or already happening) but lied to or misled you about the danger or risk.

If you were injured because of exposure to a toxic substance in your workplace, you will most likely have to file a workers’ compensation claim instead of a lawsuit against your employer. A workers’ compensation claim can compensate you for medical expenses and a portion of lost wages if you are temporarily or permanently unable to work. You do not have to prove negligence to get workers’ compensation benefits. You may be simultaneously able to file a third-party lawsuit if someone other than your employer was responsible for the toxic exposure.

What Types of Compensation Can I Recover in a Texas Toxic Tort Claim?

If you believe you were exposed to a toxic substance at work, you should inform your employer in writing as soon as you discover injuries that may have been caused by the exposure. If you wait too long to report, workers’ compensation benefits may be denied.

If you need to file a lawsuit to recover damages, you will generally have two years from the date you were first harmed to start the legal process. The deadlines for toxic tort claims can be complicated by the reality that adverse health consequences may not be detectable until weeks, months, or even years after the initial exposure. In these situations, you will typically get two years from the day you discovered injuries that may have been related to exposure to a toxic substance. Keep in mind that you will have specifically less time if you intend to sue a government entity.

Our Houston toxic tort lawyers will fight to secure compensation for:

  • Medical bills
  • Lost wages and earning capacity
  • Property damage
  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
  • Punitive damages


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