Toxic and Chemical Exposure

12 Aug 2010


Posted by Norman

It is quite hard to figure out whether an injury/sickness suffered is related to exposure to toxic substances or chemical exposure.

In the United States, the term “toxic tort” is used to depict an increasing area of the law that covers issues as diverse as lead poisoning, tobacco, asbestos, contaminated groundwater exposure, toxic mold, medical devices and prescription medication. While federal and state governments move forward for tort reform to limit toxic tort litigations from flaring up in the court systems, toxic tort cases keep on expanding into new areas.

There are different toxic tort cases, ranging from harmful waste clean-up problems under CERCLA cases to exposure to toxic substances or hazardous chemicals in the workplace. Among the detrimental health effects that one may experience after being exposed to toxins and pollutants are headaches, skin, throat and eye irritations, nausea, fatigue and breathing difficulties. Toxic related diseases like chronic beryllium disease, mesothelioma, rubber itch and lead poisoning may also be obtained as a result of toxic substance exposure.

Individuals who have been injured as a result of chemical or toxic exposure are entitled to recover compensation especially if there is a possibility that the toxic exposure is caused by someone’s negligent action.

Filing a Toxic Tort Injury Compensation Claim

Everyone has the right to a healthy and safe workplace. If the toxic and chemical exposure occurred at work, complaints may be filed with the Federal Occupational Safety and Health Administration (OSHA). Lawsuits are filed against those who are responsible and an experienced toxic tort lawyer can be of great help in winning a personal injury case or a toxic tort injury compensation claim.

However, naming defendants can be difficult as toxic contamination can take place from more than just a single source. Also, it may always be apparent who is liable for the toxic exposure, particularly at the beginning of the legal case.

When filing a toxic tort injury personal injury claim, it is important for the plaintiff to prove that their injury was due to contact with or exposure to poisonous chemicals or toxic substances. The group of defendants in a toxic tort injury case will vary depending on the facts that the plaintiff has given for his case and applicable federal and state law.

Your Toxic Tort Case

If you believe you have suffered an injury due to exposure to toxic and chemical substances, it is advisable to contact a personal injury attorney in your area, who has experience handling claims for toxic and chemical exposure, to learn your rights and available legal solutions for your case. You can seek compensation for medical expenses, lost income and opportunities and physical pain. Personal injury lawyers can help you receive full compensation as they have extensive experience in demanding compensation for those who are suffering injury because of exposure to toxic substances.

You should consult a personal injury lawyer immediately for guidance as The Statute of Limitations limits the time you have to file a toxic tort injury compensation claim. Make sure you have also seen your doctor and informed him that you suspect your injury was due to chemical exposure or contact with a hazardous substance. Doing this can help your doctor make the right prognosis that could help strengthen your case.

Comments

An excellent information regarding Personal injury exposure to toxic substances or hazardous chemicals in the workplace. Thanks for sharing.