Los Fresnos Personal Injury and Wrongful Death Attorney J. Gonzalez
by Benjamin Treviño | July 17th, 2025 | Auto Accident, Blog, News, Personal Injury, Product Liability
The impact of toxicology reports in tort cases
A toxicology analysis uses biological samples such as blood, urine, or tissue, to detect how much alcohol, drugs, or other potentially toxic substances are present in a person’s body. The results are entered into a toxicology report.
The toxicology report can be crucial evidence for establishing liability and determining the cause of an accident or injury. These reports are often used in civil cases, especially personal injury and wrongful death lawsuits.
A toxicology report is crucial in understanding what role, if any, that intoxication played in an incident that caused an injury or death. The report can impact negotiations, and potentially influence court decisions.
What information does a toxicology report contain?
The toxicology report details what kinds of substances were detected, their concentration levels (especially in blood tests), and the testing methods used. Often, it also includes information about the individual’s relevant medical history and any factors that might influence the results.
Are there limitations?
Toxicology tests can indicate the presence of substances at the time the sample(s) were taken. However, the report cannot pinpoint the exact time and quantity of the substance was ingested. Results from a urine sample will have a broader detection window than a blood test will.
What is the legal significance of a toxicology report?
Toxicology findings can be vital for establishing fault, defending against claims, or clarifying the circumstances of a personal injury or wrongful death. For instance, in car accidents, a toxicology report can help determine if a driver’s impairment contributed to the incident.
Admissibility
While toxicology data is highly relevant, its admissibility in court involves complex legal considerations, particularly concerning the interpretation of results and the potential for prejudice or confusion.
Postmortem toxicology
In wrongful death cases, toxicology reports are often derived from autopsies and are crucial for determining if substances played a role in the death, though other evidence can be used if toxicology samples are unavailable.
Cost and Accessibility
Obtaining toxicology reports can involve significant costs, especially if not included with an autopsy. Official reports often require specific forms and fees.
Hire an attorney
At the J. Gonzalez Law Firm, we can help you obtain a toxicology report. We can utilize legal intervention like a subpoena if necessary. We can also obtain a second opinion or re-examination when needed. Lawyers, particularly those specializing in areas like wrongful death or DUID cases, can utilize legal tools and their expertise to acquire these reports and interpret the findings.
Our staff of expert attorneys are skilled in understanding and navigating privacy regulations that might otherwise prevent a family member from accessing a toxicology report directly.
We provide personalized, expert consultation and interpretation to each and every client, and we will work closely with you to build the most-compelling case on your behalf. Contact us today for a free consultation with no obligation. You can reach us via this website or by calling 1-800-CAR-CRASH.
Toxicology report pending in fatal Los Fresnos crash
By: Benjamin Treviño
LOS FRESNOS – Three weeks after a fatal crash claimed the life of a toddler, police in this Cameron County city were still waiting for toxicology reports in the crash.
Two-year-old Ximena Castillo died June 28, six days after she was injured in a crash on Highway 100 near city hall. The girl’s mother, Sasha Castillo, was critically injured but survived.
A total of five people were injured in the June 22 crash.
According to Los Fresnos police, a green pickup truck driven by Sasha’s common-law husband and Ximena’s father was heading toward South Padre Island when it lost control and crashed into an incoming pickup truck.
The driver of the green pickup was also hospitalized following the crash, but has since been released.
A spokesperson for the Los Fresnos Police Department said officers smelled alcohol on the driver of the green pick-up truck, and that the driver admitted to police he drank alcohol before driving.
Police said at this writing that charges were on hold pending the outcome of the toxicology report.