Toxic Tort & Property Contamination
Helping Texas property owners understand their legal rights to compensation in toxic tort cases
South Texas, Louisiana and other states along the Gulf Coast are especially rich in natural resources, which makes this region a target for large-scale gas and oil operations, as well as corporations looking to profit from the mineral riches by drilling deep into the soil. While this industry helps create jobs and boosts the local economy, it comes at a steep price.
In their constant struggle to outperform competitors and turn profits, sometimes property owners get caught in the crossfire between corporations. When oil and gas companies fail to adequately clean up drilling sites or try to take shortcuts, property contamination can occur - resulting in serious damage to not only nearby residents’ land, but also to their health and wellbeing. Drilling operations can be a blight on the surrounding environment, causing damage to property owners by creating infertile soil, hazardous vapors, contaminated water, and property value loss due to unsightly trenches, mud pits, rusting equipment, tire tracks and more.
Fortunately, Houston toxic tort lawyers Neal Davis and Jed Silverman are here to help answer all your questions about property contamination and guide you through the legal process from start to finish.
With nearly 40 years of combined experience, Neal and Jed have fought for the underdog in thousands of cases, including high-profile cases garnering international attention, and have won under the most challenging circumstances.
We are often able to negotiate favorable case resolution with oil and gas companies before going to court due to our strong reputation as aggressive trial attorneys.
If your land has been contaminated, you are likely experiencing a range of emotions: anger towards those responsible, concern over property devaluation, and confusion about how to proceed and what rights you have.
Help hold oil and gas companies accountable for property contamination.
Our Houston toxic tort lawyers are on your side.
Contact us for a free consultation of your property contamination case.
Frequently Asked Questions About Property Contamination
When can I sue?
Determining if you have grounds to file a toxic tort for property contamination is a complex issue. According to contaminated land regulations, you may be able to recover monetary compensation if you, the property owner, suffered actual damages from the contamination of your property. In order for your case to be successful, however, a direct link must be established between the source of the contamination and the damage to your property. Only then will your claim be accepted and compensation be available to you.
What can I sue for?
A property owner can only sue if they experienced actual damages due to the contaminated property. Actual damages include the cost of cleanup, reduced property value, medical treatment required from chemical exposure, anticipated future medical treatment and other expenses. In rare toxic tort cases, a property owner may also be granted punitive damages if it can be established that the contamination resulted from gross negligence or misconduct.
Can I sue for fracking?
Hydraulic fracturing, or "fracking," has become a major issue of contention in Texas and rest of the country, especially in light of chronic drought conditions. This controversial process involves extracting shale oil by blasting pressurized water, chemicals and sand to break up underground formations. Unfortunately, fracking has been shown to contaminate or eliminate already-struggling water sources. For Texas farmers and residents negatively impacted by fracking, state and federal statutes, contract law and tort law provide avenues for obtaining just compensation.
For more information about fracking lawsuits and how to tell if you have a case, visit our Fracking & Toxic Torts page.
What are my rights regarding oil and gas company contamination?
Oil and gas companies can leave a huge scar on the environment due to their operations. These oil drilling and refining operations cause long-term pollution to the air, land and water, which can impact your quality of life and the value of your property. In an effort to cut costs, these companies often take shortcuts which further contaminate neighboring properties. Oil and gas companies can and should be held liable for negligence that harms nearby residents. The goal of a property contamination lawsuit is to do just that by compensating victims and trying to restore the land to its prior condition as best as possible. To discuss your rights regarding property contamination from an oil or gas company, speak with an expert toxic tort lawyer in your area.
What is a remediation plan?
In terms of property contamination, land remediation is the process by which the harmful components/chemicals affecting the environment are cleaned up. A remediation plan typically requires cooperation between the landowner, the at-fault party and third-party environmental/industry organizations. The plan involves determining how much of the land has been contaminated, who was at fault, restoring the property to its prior condition by removing the toxins, monitoring cleanup results, and preventing future contamination from occurring.
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Let a Houston Personal Injury Attorney Help You Get Justice
As experienced Houston attorneys, Neal Davis and Jed Silverman know what it takes to face off against big companies and defend the rights of property contamination victims. They have successfully represented thousands of clients and tried hundreds of cases to juries. Backed by a history of getting results, Neal and Jed are consistently recognized as top trial lawyers in Texas. While continuing to practice in separate firms, Neal Davis and Jed Silverman have teamed up to provide maximum recovery for people harmed by property contamination and toxic injuries.
We know that winning isn’t everything; it’s the only thing - especially when going up against oil and gas corporations with near limitless resources at their disposal.
Contact us for a no-risk, free consultation. With our No Fee Guarantee, you don't pay a penny unless we win your case.