Chloroform Lawyers

In a claim for personal injury, the plaintiff claims that they have sustained an injury due to an act or failure to act on the part of the defendant. This injury may be either mental, physical, or both. Generally speaking, the court will award the plaintiff with money damages for personal injury.

Mental health injuries include emotional pain and anguish sustained by an accident. Physical injuries include injuries to organs, limbs, and/or other parts of the anatomy. Additionally, the injury sustained by a personal injury plaintiff does not need to manifest itself instantly, as it may develop over time.

A personal injury can occur intentionally, such as when a defendant deliberately injures a victim, or intends to commit an act that results in injury. Intentional injury most commonly occurs when a defendant commits battery, assault, or false imprisonment. However, a personal injury may also occur unintentionally. If an unintentional injury is the result of someone’s negligence, the plaintiff may file a lawsuit based on the negligent behavior. Auto accidents, slip and fall accidents, and injuries sustained from medical malpractice are all considered to be examples of negligence cases.

To elaborate, a negligence personal injury claim is one in which a plaintiff claims that a defendant injured the plaintiff as a result of breaching a duty of care that the defendant owed to the plaintiff. The duty of care that is owed to a plaintiff largely depends on the circumstances of each case. This is because a defendant is under a legal duty to exercise the same degree of care that an ordinary person would use under a particular set of facts.

An example of this would be how if a defendant is driving their vehicle on a highway in non-inclement weather, they have a duty to follow all applicable motor vehicle laws. However, if the defendant is driving their vehicle on a one-lane road and the weather is stormy and inclement, they would owe a greater duty. The defendant must exercise the same degree of care that would be appropriate for inclement weather, such as driving at reduced speed, using windshield wipers, and using headlights and taillights.

Whether a duty of care to a plaintiff exists largely depends upon the foreseeability, or predictability, of harm that may result if the duty is not exercised. The legal test for whether a plaintiff is owed a duty of care questions whether an average person, in the position of the defendant, could foresee that the type of injury that was sustained by the plaintiff was likely to take place? When the answer is “yes,” the defendant owes the plaintiff a duty of care.

As such, if the defendant breaches that duty which causes an injury resulting in damages, they have committed personal injury through negligence. If the answer is “no,” then no duty is owed, and the defendant cannot have committed negligence.

What Are Toxic Torts?

A toxic substance is something, generally a chemical, which is harmful to the human body. Toxic exposure occurs when the human body comes into contact with a toxic substance. There are many different types of toxic exposure, and it can occur in many different environments.

Some common examples of toxic exposure include:

• Exposure to toxic chemicals in the workplace;
• Exposure to mold, specifically dangerous types of black mold;
• Exposure to Asbestos;
• Exposure to lead paint;
• Exposure to toxic fumes from activities such as welding;
• Dangerous chemicals in medications or drugs which are considered to be defective;
• Environmental contamination because of the release of certain gasses or toxins; and
• Soil or groundwater contamination because of the dumping of wastes and chemicals.

Personal injury law addresses cases in which one party is harmed by another. Toxic torts specifically refer to personal injury cases in which the plaintiff alleges harm because of exposure to some type of toxin or chemical.

The factors needed to prove a toxic tort case are similar to the factors needed to prove in a typical negligence case:

• The Defendant Owed You a Legal Duty: An example of this would be how in cases which involve contamination of the environment, you must prove that a company had a duty to the residents of the locality to avoid dumping any chemicals which would contaminate the soil or groundwater;
• The Legal Duty Was Breached: Duty is determined based on the reasonable person standard, which considers how a reasonable party would act in the same situation. An example of this would be how in cases of environmental contamination, you can prove that another company in a similar situation would have exercised more care in order to avoid dumping chemicals which are toxic. You can also prove that another company would have complied more strictly with all relevant environmental regulations;
• The Breach of Duty Caused You Harm: You must prove that the breach of legal duty was the direct or proximate cause of the harm, which can be quite complicated, especially if more than one party is potentially involved. An example of this would be how an owner of a property with toxic chemicals could reasonably claim that the builder is responsible for resulting injuries, while the builder could conversely claim that the owner did not properly inspect or maintain the property; and
• You Actually Suffered a Particular Harm: This would involve proving that you suffered a specific harm directly because of the defendant’s actions, generally by using different types of evidence such as medical bills or missed work days.

What Is Chloroform?

Chloroform is a colorless liquid with a pleasant odor and a semi-sweet taste. It was traditionally used as an analgesic before surgery, but today is used to make other chemicals. It is also used in resins, plastics, and refrigerants. Toxin exposure to chloroform can occur through breathing contaminated air, or through contact with soil or drinking water that has chloroform in it.

Short-term exposure to chloroform through inhalation can irritate the nose and throat leading to:

• Dizziness;
• Irregular heartbeats;
• Confusion; and
• Nausea.

Physical contact may result in burning and irritation of the skin and eyes. Long-term exposure can lead to cancer of the thyroid, kidney and liver, and has been shown to damage a developing fetus.

What Are Some Courses Of Legal Action For Toxic Exposure To Chloroform?

Personal injury lawsuits are not the only way in which someone who has been affected by toxic exposure can recover compensation. An example of this would be how work-related injuries are not handled through a typical personal injury lawsuit, even if the employer was directly responsible for the exposure which occurred. Rather, these injuries are addressed through the workers compensation system which all of the fifty states have enacted. Additionally, a workers compensation claim is generally the sole remedy for injuries which happened while on-the-job.

However, if the employee was injured by a substance which was manufactured by a third party, the employee may be able to bring a claim against the manufacturer of the substance in a standard civil lawsuit. Cases which involve defective medications or drugs may be brought as a product liability case, rather than a toxic tort case.

If a toxic substance has affected a large number of individuals, a class action lawsuit may be necessary. This would be brought by a group of individuals who have all suffered either the same or a similar injury, and because of the same defendant’s conduct.

Do I Need A Lawyer For Help With Toxic Exposure To Chloroform?

If you believe you have become ill because of Chloroform exposure, you should consider hiring a class action attorney. They can help you determine who is responsible for your exposure to Chloroform, and get proper compensation for your injuries.

Additionally, an attorney will also be able to help you understand all of your legal rights and options according to your state’s specific laws.