In a claim for personal injury, the plaintiff claims that they have sustained an injury, either mental, physical, or both. This injury is due to an act or failure to act by the defendant. As such, the court may award the plaintiff with money damages for personal injury, which will be further discussed below.
A personal injury damages a plaintiff’s emotional health, physical health, or both. Mental health injuries include emotional pain and anguish sustained by an accident, such as PTSD and C-PTSD. Physical injuries generally include injuries to organs, limbs, and/or other parts of the anatomy. It is important to note that in a legal context, the injury sustained by a personal injury plaintiff does not need to manifest itself instantly, meaning that it may develop over time.
Additionally, a personal injury may occur intentionally, such as when a defendant deliberately injures a victim or intends to commit an act that results in injury. However, a personal injury may also occur unintentionally. If an unintentional injury is the result of someone’s negligence, a 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 negligence cases.
What Are Toxic Torts?
Toxic tort litigation is a specific area of personal injury law which involves injuries caused by toxic substances. It is common that the injury results from the plaintiff being exposed to the substance without being aware of it, only to discover later on that they have incurred a serious medical condition.
After determining where the condition possibly originated, the plaintiff may file a lawsuit in order to recover damages from the party that is responsible for the exposure. As such, toxic tort claims are sometimes called toxic exposure lawsuits. Additionally, many toxic tort claims are filed as toxic exposure class action suits when many people have been injured by the same source. They are frequently associated with relatively high damages awards.
Toxic tort injuries are generally caused by exposure to some sort of dangerous chemical substance. Common examples include:
- Paints;
- Insulation; and
- Other sealants that are used in workplaces or residential areas. Another common source of toxic torts would be exposure to pesticides for agricultural workers.
Generally speaking, most toxic tort injuries are associated with the way in which the toxin entered the body. This can happen through inhalation, skin contact, and/or ingestion, resulting in:
- Various skin injuries, such as rashes, burns, or boils;
- Lung diseases, especially those associated with asbestos or tobacco exposure;
- Sensory injuries, such as injuries to the eyes, ears, or nose;
- Various internal injuries associated with ingesting or swallowing toxic substances through food or water; and
- Leakage from surgically implanted medical devices.
The type of injury that results from toxic exposure will also vary depending on the type of toxin involved, as well as how long the person was exposed to the chemical or substance.
There are several steps that you should take if you believe you may be involved in a toxic tort. You should first seek immediate medical attention for any injuries that you may have, and get checked if other people around you are showing the same kinds of symptoms. Examples of this would be coughing, rashes, difficulty breathing, etc.
After you receive medical treatment, take steps to begin documenting your claim. This could include:
- Creating a file containing all of your medical expenses, hospital bills, and medicine fees;
- Creating a written account of the events leading up to your injury or injuries. An example of this would be if new paint was used at your work, or if you noticed different smells in the area;
- Obtain contact information from any witnesses, and from other people who may have been injured from the same toxic source; and
- Maintain records of any work that you have missed due to the injuries, along with the corresponding lost wages.
These informational items may be used as evidence in court, depending on the nature of the claim, as well as the information that you have recorded. There are also many toxic tort defenses, which should be studied in an effort to be prepared should a lawsuit be necessary.
What Are Some Toxic Exposure Defenses?
To reiterate, toxic exposure lawsuits are legal claims involving injuries associated with exposure to toxic substances, which are quite frequent when in terms of work-related injuries. Additionally, they are often filed in relation to property and home living conditions. Some examples of toxic exposure lawsuits include cases in which asbestos or toxic mold is an issue.
Toxic exposure lawsuits often issue a monetary damages award to the plaintiff. In some cases, other measures may be required, such as clearing the toxic conditions or providing alternate work/living spaces. However, there are some circumstances in which a plaintiff may be prevented from recovering damages. This can happen if the defendant has certain defenses that apply to the claim.
Some common defenses to toxic exposure claims include:
- No Causation: The plaintiff must be able to prove that the defendant’s actions caused their injuries. An example of this would be how no liability can be claimed for toxic substances that are released through natural causes in nature;
- Assumption Of Risk: It is often a defense if the plaintiff knew of the risks, yet continued with their own conduct near the toxic materials. Another example of this would be if they continued handling the toxic materials;
- Filing Deadline Expired: More commonly known as a statute of limitations. Each state has different deadlines within which the plaintiff must file their claim. An example of this would be how the plaintiff might need to file their claim within one year after they discover their injury; and
- Previous Injuries: If the injury is a recurrence of a previous condition or injury, it might not be an actionable claim. This is because, again, the defendant must have directly caused the plaintiff’s injury.
Various other defenses may be available, such as contributory negligence or intoxication. The availability of such defenses will largely depend on the facts of each case, as well as the laws and rules of that particular jurisdiction.
What Are Some Of The Most Common Awards For Personal Injury Claims Such As Toxic Exposure?
An injured plaintiff who proves a defendant’s liability is entitled to compensatory damages. A plaintiff can recover damages for an injury, and damages for the consequences of the injury. According to the law, there are two types of compensatory damages, which are known as general damages and specific damages.
General damages are awarded for the injury itself and generally include:
- Pain and suffering;
- Mental anguish; and
- Trauma.
Because general damages cannot be readily assigned a monetary value, the testimony of an expert such as a physician or psychiatrist is necessary to assign a monetary value and receive said damages.
Special damages compensate someone for a specific consequence of an injury and most commonly include medical expenses, as well as loss of wages. These items can be assigned a precise monetary value. An example of this would be how a doctor’s bill lists payment due, while a record of a plaintiff’s earnings can be used to determine the amount of wages that were lost due to the injury.
Do I Need An Attorney For Help With Toxic Exposure Legal Issues?
Defending against toxic exposure claims can often involve some considerably complex legal issues. You should hire a class action lawyer if you need help with a legal claim involving toxic exposure.
Your attorney can help you understand your legal rights and options according to your state’s specific laws, and will also be able to represent you in court, as needed, should you choose to file a lawsuit.
