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Environmental Exposure

If you are in a line of work that has exposed you to toxic materials or toxic chemicals, and as a result you developed diseases from the toxic exposure, you may be entitled to compensation.

Some of the toxic environmental exposure includes:

  • Asbestos
  • Silica
  • Pesticides
  • Lead
  • Benzene

Exposure to these toxic chemicals can lead to diseases including:

  • Mesothelioma
  • Leukemia
  • Lung disease
  • Silicosis
  • Hodgkins disease
  • Cancer

Environmental Exposure Law

Environmental exposure is a huge area of law, ranging from wholesale pollution of rivers and toxic waste spills to lead paint poisoning and asbestos-related illnesses.

As wide-ranging as these environmental exposure laws are, their enforcement is even more complex. Both state and federal laws address environmental exposure, and in some instances federal law is more strict and in others state law is more exacting. In either situation, a case of environmental exposure is heard in the jurisdiction with the more rigorous laws. This can raise legal issues about which jurisdiction a case will be heard.

What Types of Claims Do Environmental Exposure Attorneys Handle?

After consulting with an environmental exposure attorney, your attorney may decide to litigate, arbitrate or mediate your wrongful death or personal injury case. Depending on the type of case you have, environmental exposure attorneys will identify the appropriate defendants in your case. You and your loved ones may receive compensation for any of the following claims:

  • Respiratory
  • Neurological
  • Occupational hearing loss
  • Emotional and psychological

Environmental exposure attorneys will collect, analyze and simplify the complex issues and claims in your case and determine whether your claim should be settled out of court or sent to a jury.

A Lawyer’s Help in an Environmental Exposure Case is Critical

The burden of proof in environmental exposure cases, called toxic torts, is on the person harmed by the exposure. Or, in the case of death, the decedent's immediate family may sue.

To succeed, these elements must be met:

  • That the person was exposed to a particular hazardous material
  • That particular hazardous material caused an injury, illness, or a birth defect
  • Establish by a preponderance of the evidence that the alleged polluter is liable
  • Produce evidence to show damages occurred, such as medical treatments, property damage, or other damages incurred

Often, proving an injury or illness was caused by the particular thing or chemical is difficult.

For these reasons, hiring an attorney experienced with the particular environmental exposure applicable in your case is vital. The attorney can develop a legal theory, present evidence, anticipate and mitigate the defenses, and determine reasonable damages.

Reasonable Environmental Exposure Damages Include:

  • Medical expenses incurred and pending on any illness due to harmful contamination. Future expenses are claimed as damages
  • Pain, anguish, and suffering
  • Damages for loss of wages as a result of contamination caused illnesses
  • Loss of earning capacity
  • Damages due to loss of companionship, comfort, financial losses, etc., in case of death due to illness caused by contamination. Such damages can be recovered by survivors of the deceased
  • Damages for destruction of property due to contamination
  • Punitive damages

After a consultation, which many attorneys provide for free, the attorney also can determine the strength of your toxic tort case before embarking on legal action.
 

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