Individuals can be exposed to dangerous chemicals in a variety of ways including workplace exposure. Some of the more common toxic tort cases involve exposure to toxins such as black mold, asbestos, lead paint, and workplace chemicals. Toxic tort cases may result from contamination caused by the dumping of chemical waste into soil or groundwater, the airborne release of poisonous gases, or defective medication manufacturing. Unlike injuries suffered in a car accident or other types of personal injury tort cases, the medical injuries resulting from toxic chemical exposure may not be as visible and may not occur immediately following the exposure.
Individuals who have sustained injuries resulting from toxic exposure may be entitled to compensation from multiple responsible parties. If an individual can demonstrate injuries caused by a breach of a legal duty, they may be entitled to substantial compensation. A breach of legal duty can occur when a party acts negligently, violates environmental regulations, or creates a defect in a manufactured product. In addition to the party responsible for contaminating the environment with the toxin, such as the company that dumped the toxic waste, the landlord that failed to remedy a black mold situation, or the manufacturers and distributors of the toxic substance may also owe compensation to injured individuals. If toxic exposure occurs at work, the individual also may seek compensation under the Delaware Workers’ Compensation system.
Toxic tort cases must be filed within the statute of limitations, a set period after the exposure or injury occurs. In toxic tort matters, this may be more difficult to determine, as an injured individual may not realize that they have sustained injuries right away. Individuals may not develop health problems, including diseases like cancer or mesothelioma, for many years after the initial chemical exposure. Many states have a special discovery rule to allow injured individuals to file their toxic tort cases within a reasonable time after the injury is discovered or should have been discovered.
One of the most significant obstacles in bringing a toxic tort case is proving that the individual’s injuries were caused by the toxic chemical exposure. Injured individuals must show that the chemical exposure was the immediate and direct cause of their health problems. This can become difficult with certain medical conditions, including cancer or respiratory conditions, which often have multiple simultaneous factors leading to their development. For this reason, it is critical that individuals and families of those harmed by exposure to toxins see an experienced attorney to handle their toxic tort claim.
Given the complications that often accompany a toxic tort matter, including issues related to the statute of limitations and causation, injured individuals should seek the counsel of an experienced Wilmington toxic tort lawyer to obtain the maximum amount of compensation for their injuries. With offices conveniently located in Wilmington and Georgetown, Delaware, attorneys at Jacobs & Crumplar, P.A. are ready to assist individuals who have suffered health problems due to chemical exposure. To schedule your free confidential consultation today, call 302-656-5445 or contact us online. We represent clients throughout Delaware, including those in New Castle County, Kent County, and Sussex County.