Exposure to toxic substances can make you very sick. While people are exposed to chemicals every day, there are certain substances that your body simply cannot handle. When you inhale these toxins, absorb them through the skin or swallow them, you can develop a variety of medical problems that can lead to injury, illness or death.
If someone else was responsible for exposing you to toxic substances, that person or company can become legally responsible for your injuries and health complications. However, taking legal action in these cases can be very complicated. A toxic substances attorney at Becker Law Office can help you to make your case. We help clients in. Our goal is to help you get the money you need to treat your illness or injuries.
Types of Toxic Substances
Toxic substances refer to any type of dangerous chemicals or products that cause illness. Many kinds of toxins exist. Some of them are regulated by the EPA, OSHA and other governmental agencies to ensure that exposure is limited or avoided entirely. Unfortunately, exposure can happen anyway even when substances have been recognized as dangerous and restricted.
Some of the many different types of toxins that you may be exposed to include:
- Carbon monoxide
- Diacetyl (Popcorn Lung)
- Hazardous waste
- Toxic mold
- Vinyl Chloride
- Welding rod fumes
Each of these substances can affect your body and your brain in many ways. When absorbed into your body, the toxins can damage your cells and your nerves, leading to serious medical complications.
Illness and Injury Due to Chemical Exposure
The consequences of exposure to toxic substances will vary depending upon what you were exposed to and how your body reacts to the chemical or toxin. Some of the different complications that are common after exposure to dangerous chemicals or other toxins include aplastic anemia, asbestosis, birth defects, brain injury or cognitive impairment, cancer of all types, Hodgkin’s disease, leukemia, lung disease, lymphoma, mesothelioma, multiple myeloma, nerve damage and silicosis. In some cases, toxic exposure can be fatal.
Who is Responsible for Toxic Exposure?
When you become ill due to toxic exposure or when a family member loses his life because of the toxin, the person or entity responsible for producing that toxin or exposing you to it can be held liable for your losses.
- A company that pollutes the groundwater where you live could be held legally responsible if you get sick from drinking the water.
- Your employer could become responsible for exposing you to dangerous toxic chemicals at work.
- Your landlord could be responsible for having an unsafe environment where you live that results in exposure to toxins.
- The manufacturer of a product, such as defective Chinese drywall or dangerous asbestos products, could become responsible for exposing you to toxins in your home or building.
The key question as far as who is responsible for toxic exposure is whether anyone breached a legal obligation to you by causing you to be exposed to a toxin or chemical. A landlord who refuses to remove asbestos, for example, may have broken his or her obligation to provide you with a reasonably safe living environment free from hazards that put your health at risk.
Taking Legal Action
In almost all situations where someone is responsible for toxic exposure, you can file a personal injury lawsuit against that person or entity. For example, you could sue a company that made a dangerous product that caused you to be exposed to toxins. There are, however, some limited exceptions. Employees exposed on the job will have a workers’ compensation claim against their employer. They may also be able to bring a lawsuit against the company that made the product or dangerous toxin.
When you file a personal injury lawsuit, you must prove that the defendant in the lawsuit negligently or intentionally exposed you to a toxin or chemical. You also need to show that this toxic exposure was the direct cause of illness or injury. Unfortunately, this can be very difficult for many different reasons.
One problem is that illnesses and injuries due to toxic exposure often do not happen immediately. If you are exposed to contaminated groundwater today, for example, you are not going to get cancer tomorrow. You might get cancer in five years, ten years or even twenty years. At that point, it can be very hard or even impossible to prove that the cancer was caused by your chemical exposure.
The other major problem that exists is that many of the complications caused by toxic exposure do not have specific causes that can be identified. For example, there are lots of reasons why people get cancer. The person or entity that exposed you to the toxin could argue that you didn’t prove they were responsible since you can’t show that the illness was a direct result of their negligence or wrongdoing. Proving this factor is a required part of your personal injury claim. If you cannot prove that the negligence or wrongdoing was the direct cause of harm, you cannot recover compensation.
While these problems are major, they are not insurmountable. Many people successfully make toxic tort cases. The key is having a legal professional like those at Becker Law Office to help with your case.
Toxic Substance Lawyers at Becker Law Office Can Help
Toxic tort cases can be settled out of court if the defendant accepts blame, or can be litigated so a judge or jury can decide what compensation if any you are entitled to. You want to be represented by a legal professional who is skilled in negotiating settlements and who is a top-notch trial lawyer who can make a compelling case in court.
Unfortunately, in many cases, you need to choose one or the other since most lawyers who focus on settlements don’t spend a lot of time in trials and vice versa. With Becker Law Office however, you get the benefit of being represented by two law firms in one.
When your case is in the negotiating stage, Becker Law Office has negotiators who are known for driving hard bargains and getting fair settlement offers. If a settlement isn’t possible, you’ll be represented by an attorney at Bubalo Law PLC. This firm focuses on courtroom cases and has attorneys who have been named among the Top 100 Trial Lawyers in Kentucky.
Because you get two law firms in one with Becker Law Office your case is always in the hands of a legal professional who can handle your case with skill and legal professionalism. Place your trust in Becker Law Office and we’ll put together a legal team that will get you the money you deserve.
Give us a call or contact our toxic substances lawyers online today to get schedule a free consultation and get your claim underway. From our offices in Louisville and Lexington we handle claims across Kentucky, Indiana, Ohio and Tennessee.