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:
Exposure to these toxic chemicals can lead to diseases including:
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.
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:
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.
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:
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.
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.