Why Should I Speak to a Lawyer About Water Contamination?
Water contamination is a serious issue that can have significant adverse effects on a person’s health. Water is one of the most important substances for human life and health. If drinking water is contaminated, it quickly becomes a hazard rather than nourishment. Contamination can lead to serious injury or illness, and a victim may need to seek legal assistance to recover damages.
Water contamination has been known to cause serious illness in children and adults and has been found to be responsible for birth defects when consumed by pregnant women. When considering a lawsuit for water contamination, one should think about the following:
- Liability: Who is responsible for the safety of the available water?
- Knowledge: Did they know that contamination was present or at least that there were issues that made contamination likely?
- Criminality: Did the other party fail to follow local or national regulations for water safety?
These are not the only factors that are relevant to a lawsuit for water contamination. Additionally, each one of these does not have to be met to file a suit. These types of lawsuits are complicated, but a toxic tort lawyer can help their client understand all possible options.
How Safe is Public Drinking Water?
The United States has some of the safest and cleanest drinking water because of regulations implemented by the Environmental Protection Agency (EPA). However, contamination still happens. Even though there are rules in place when it comes to water supplies, many components of the public water system are old and outdated.
How Does a Water Supply Become Contaminated?
A water supply can become contaminated when a pipe breaks or becomes damaged, allowing foreign substances to get in the water. Additionally, water can be contaminated by materials from decaying water pipes. Any defect that allows unintended substances into the water supply can lead to dangerous contamination.
What are Common Contaminants in Drinking Water?
Drinking water contamination can include the presence of parasites, like Giardia, or viral infectious elements, like norovirus. It can also relate to known harmful substances, like asbestos and led. The Centers for Disease Control and Prevention (CDC) has identified a large number of water contaminants and tracks data for the public health issues resulting from them.
How can I Identify Contaminated Tap Water?
Identifying specific contaminants requires professional testing. However, there are a few ways to help identify unsafe water:
- Cloudy Water: Water should be clear.
- Off-Color: Brown or orange-tinted water may indicate rust or a damaged line, allowing dirt and other substances in. A blue or green tinge could mean copper contamination.
- Slimy Feel: Some contamination can actually make the water feel different. Water that causes the skin to feel slimy after contact is a significant warning sign.
- Odd Smell: Water that smells strongly of bleach can be a sign of excess chlorine. A rotten egg smell may indicate hydrogen sulfide contamination.
If one believes they have an illness because of contaminated water, they should speak to a lawyer right away.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Help Clients Affected by Water Contamination.
Water contamination can be extremely damaging. If you are suffering from the adverse effects of water contamination, you are likely entitled to compensation. A Wilmington toxic tort lawyer at Jacobs & Crumplar, P.A. can help determine if you have a case for compensation. Contact us online or call us at 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
What Should Cancer Patients Know About the Coronavirus Vaccines?
The Coronavirus (COVID-19) attacks the lungs and respiratory system and is especially dangerous for people with compromised immune systems, including cancer patients. Many cancer patients may wonder if they should get vaccinated and have concerns about safety. While every cancer patient must first consult with their oncologist about whether or not the COVID-19 vaccine is right for them, it is not a live vaccine and should be generally safe to take, even for those in active cancer therapy.
Are Vaccines Currently Available?
From the outset of the COVID-19 pandemic, there was a rush to develop a vaccine. Currently, the United States has three vaccines approved under emergency use authorization (EUA). All three are highly effective against the original strain of COVID-19, with different rates of efficacy against new variants of the virus.
All vaccines work by providing the immune system with antibodies to quickly fight and kill the virus. Some vaccines contain changed versions of live viruses that cause diseases; however, none of the COVID-19 vaccines contain live viruses, which could be unsafe for cancer patients and others with weakened immune systems.
These three vaccines use different methods to build immunity to COVID-19. One vaccine uses an adenovirus to deliver a piece of DNA from the COVID-19 spike protein into the body. The presence of the DNA segment causes cells to make harmless versions of the spike protein, inducing the body’s immune response. As with any vaccine, a vaccinated person is now ready and able to fight future exposure to the virus. By contrast, the other two vaccines work using messenger RNA. This molecule contains instructions for making harmless versions of the spike protein. Once vaccinated, the body’s cells make copies of the fake spike protein, which triggers the immune response.
A person with a compromised immune system such as someone with cancer may not have as strong a response as someone with an intact immune system.
Are There Side Effects of the COVID-19 Vaccines?
Common side effects of the COVID-19 vaccines may include:
- Soreness, redness, or swelling at the injection site
- Muscle aches or joint pain
- Swollen lymph nodes
Many people report these symptoms after their second dose of the vaccine, and typically, they subside after a few days. It is important for cancer patients to be aware of the possibility of enlarged lymph nodes in the neck or underarm regions after vaccination so that they do not mistake this side effect for a sign of cancerous growth. Swollen or enlarged lymph nodes may feel sore for several weeks but usually resolve on their own. Anyone with swollen lymph nodes who does not see improvement three to four weeks after the second dose of vaccine should consult a doctor.
Which Vaccine Should I Get?
Most experts recommend that patients with cancer get whichever vaccine is available to them. While there is no data yet to show how vaccines affect cancer treatment, it is anticipated that the arrival of the one-dose vaccine could be a boon for cancer patients. The one dose delivery provides immunity faster and eliminates the possibility of the second dose conflicting with cancer treatment schedules. A patient awaiting chemotherapy or surgery might have to delay treatment in order to have two vaccine doses 21 or 28 days apart.
What if I Have Mesothelioma?
People with mesothelioma are at risk for developing a severe form of COVID-19, so it is important that they get vaccinated after checking with their medical provider. Even patients undergoing treatment are advised to get vaccinated. According to the Mesothelioma Applied Research Foundation, people receiving mesothelioma immunotherapy should get vaccinated as should those who are receiving immunotherapy drugs that are still in the clinical trial phase.
Mesothelioma is a solid tumor, and the National Comprehensive Cancer Network (NCCN) recommends that patients with solid tumors get vaccinated as soon as possible. Surgery patients should plan to get the vaccine for a few days before or after any operation.
What Should I Do After I am Vaccinated?
After being vaccinated, safety precautions, such as mask wearing and frequent handwashing, still need to be practiced diligently. To stay safe, everybody should continue to reduce face-to-face interaction, wear masks, wash hands frequently, and practice social distancing.
If one was recently diagnosed with mesothelioma, they may have legal options available to them. A lawyer will help with their client’s asbestos exposure history and determine if they are eligible for compensation.
Georgetown Mesothelioma Lawyers at Jacobs & Crumplar, P.A. Help Clients After Asbestos Exposure
The COVID-19 vaccines are recommended for mesothelioma patients, but victims may need legal recourse for recovery. If you have mesothelioma, a Georgetown mesothelioma lawyer at Jacobs & Crumplar, P.A. can help you. This type of complex litigation needs a dedicated legal team who will thoroughly investigate your claim to get you the compensation you deserve. Call us at 302-656-5445 or contact us online for a free consultation. We have offices in Wilmington and Millsboro, Delaware, and we proudly serve clients throughout Dover, New Castle County, and Sussex County.
Are PFAS Commonly Found in Pesticides?
Perfluoroalkyl and polyfluoroalkyl substances (PFAS) are used in countless consumer products, including firefighting foam, non-stick cookware, and carpets. These chemicals are also used in some pesticides. Organizations like the Public Employees for Environmental Responsibility (PEER) are stating that PFAS might present even greater health risks to the public than previously thought. PEER’s report states that PFAS were in a mosquito-control insecticide that was sprayed in Massachusetts, New York, and many other states.
The U.S. Environmental Protection Agency (EPA) has strict guidelines for these chemicals and has issued Lifetime Health Advisories for them. Their testing shows that PFAS are in the fluorinated containers that contain pesticides. These containers are treated with these chemicals to make them more stable and durable. The EPA plans to conduct risk assessments on PFAS with federal and state agencies and will be posting updates on their websites.
Why are PFAS Dangerous?
The U.S. Centers for Disease Control and Prevention (CDC) warns that PFAS can lead to thyroid disease, asthma, decreased fertility, liver damage, and cancer. In fact, the CDC’s guidelines for exposure limits are 10 times lower than the EPA’s. Other associated illnesses include kidney and testicular diseases and suppressed immune function.
The reason why PFAS are so dangerous is because most of them do not break down, so they build up in people’s bloodstreams. In some areas, PFAS have been found in drinking water and food. Although research is still underway, it is also thought that PFAS can lead to higher cholesterol levels, lower infant birth weights, and even reduced vaccine responses in children.
Should My Family be Worried About Exposure to PFAS?
Those who are worried about possible exposure can contact their physician for information. Although standard laboratory tests cannot detect exposure of PFAS, there is a test that can show if there are PFAS in a person’s blood. This is not a routine test that doctors automatically give patients, so it would have to be requested. If PFAS are detected, there is no way to predict how they will impact one’s health in future. Getting a yearly physical, including blood work, is one of the best ways to stay healthy. Comparing the numbers from year to year can show if any levels are higher than normal.
People who know that they have been exposed can speak with their health provider about this and can request to be monitored for any conditions or symptoms that could be related to exposure. Expectant mothers may experience high blood pressure or liver and kidney damage after drinking contaminated water with PFAS. Expectant mothers should be especially vigilant about prenatal care.
What is a Toxic Tort Lawsuit?
Individuals who have suffered harm as a result of exposure to dangerous substances may want to seek damages for their injuries and illnesses. Even though chemicals are approved by state and federal agencies and regulated, people can still get hurt.
Dangerous substances can leak into groundwater, be stored incorrectly, or be sprayed before they have been thoroughly tested. These types of cases that involve drugs and chemicals are filed by individuals or groups of people and fall under the category of environmental toxic tort litigation. A plaintiff will allege that exposure to a hazardous substance caused their injury or illness, usually from environmental, home, or occupational exposure.
Industrial workers can be exposed to toxins while on the job, and some of the more familiar cases relate to benzene and asbestos exposure. In other instances, people have been harmed from using toxic products in their homes, like cleaners and pesticides.
What Do I Have to Prove in a Toxic Tort Case?
To prove a toxic tort case, the plaintiff needs to show these elements:
- The substance in question is harmful.
- The plaintiff was exposed to it.
- The substance caused direct harm to the plaintiff.
There could be several parties responsible for the toxic exposure, including the chemical manufacturer, the company that manufacturers the storage containers, and other companies along the supply chain. Defendants in these types of cases can be large corporations, and they mount robust defenses to protect their interests. They will look for and try to create holes in the plaintiff’s case, and they will also try to provide evidence showing that the plaintiff did not prove the three elements listed above.
How is Liability Established in Toxic Tort Lawsuits?
To prove fault in a toxic tort, a plaintiff and their lawyer can focus on different angles. Products liability is when the product is unreasonably dangerous or defective or if the manufacturer did not alert consumers to the safety and health risks. Strict liability is when the defendant’s behavior was especially dangerous. Negligence is a common claim, and plaintiffs have to show that the defendant had an obligation for using ordinary care to the plaintiff, and the defendant’s actions or inactions did not meet that duty. As a result, the plaintiff was injured.
For help with constructing a case, a victim should contact a lawyer as soon as possible.
Wilmington Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Represent Plaintiffs in Toxic Tort Cases
Injured plaintiffs who are considering filing toxic tort lawsuits should also know that there are statutes of limitations, even though many of the symptoms can take years to develop. If you are experiencing ill effects from exposure to hazardous chemicals, do not hesitate to contact a Wilmington toxic tort lawyer at Jacobs & Crumplar, P.A. Call us at 302-656-5445 or complete our online form for a free consultation today. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
The EPA Plans to Evaluate How Chrysotile Asbestos is Used
Asbestos has been recognized as a dangerous carcinogen for many years. Every year, many Americans die from illnesses related to asbestos exposure. Due to asbestos-related risks for workers, the Environmental Protection Agency (EPA) has been trying to ban asbestos for more than a decade. Now, a final assessment issued by the EPA on December 30, 2020 will address the use of chrysotile asbestos. This form of asbestos is used in aftermarket automobile brakes, gaskets, and in the construction of semi-permeable diaphragms that separate chlorine and sodium hydroxide.
How Does Asbestos Cause Occupational Illnesses?
There is no amount of asbestos exposure that is considered safe. Asbestos dust is toxic, the microscopic fibers of the mineral can be inhaled and can lodge in the membranes of the lung and cause damage. Inhaling asbestos dust can cause asbestosis and mesothelioma, which is a rare type of cancer.
Not everyone exposed to asbestos gets sick, and exposure can take different forms. Asbestos was previously found in many different types of products, including insulation, tiles, paint, and textiles. Before asbestos products were regulated, workers were exposed to small amounts of asbestos dust on a regular basis. Families of workers could be exposed when the workers bring home asbestos dust on their clothes. Exposure is also possible through a single event or a natural disaster. Both long-term and short-term exposures are associated with asbestos-related illnesses.
What Does the EPA Plan to Do About Asbestos?
The EPA considers the risks to workers and consumers handling chrysotile asbestos unreasonable, and the organization will be evaluating former and current uses in two separate assessments. The assessment of former uses, such as construction materials in older buildings, will include five other types of asbestos fibers in addition to chrysotile.
Under a federal court ruling from December 22, 2020, the EPA must also start collecting information about how much asbestos is imported into the United States. After the final assessment is completed, the EPA has one year to propose actions that could protect workers and consumers from the risks of chrysotile asbestos, including limiting its use or banning it entirely.
In 2016, the Toxic Substances Control Act (TSCA) was revised. Under the revisions, the EPA must evaluate existing chemicals with clear and enforceable deadlines. Ten high-priority chemicals have been identified, and asbestos is one of the first ones to receive new scrutiny.
What Should I Do After Asbestos Exposure?
Anyone who develops an occupational illness from asbestos exposure may be eligible for compensation through a variety of sources. In addition to Medicare, Medicaid, and Social Security Disability Insurance (SSDI), there are asbestos trust funds available. Victims may also choose to file a lawsuit to seek compensation from negligent manufacturers of asbestos-containing products.
Treatment for asbestos-related illnesses, like mesothelioma, can be prohibitively expensive without the help of any financial compensation. An experienced lawyer familiar with complex asbestos litigation cases can help a victim recover compensation to cover medical costs, lost wages, and more.
Wilmington Asbestos Lawyers at Jacobs & Crumplar, P.A. Advocate for Victims with Asbestos-Related Diseases
If you are suffering from an asbestos-related illness, speak to a Wilmington asbestos lawyer at Jacobs & Crumplar, P.A. We can help you with your complex case. Call us at 302-656-5445 or contact us online for a free consultation today. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
What are Common Mesothelioma Risk Factors?
Mesothelioma is a dangerous health issue that affects many people. The risks are significant, however, there are ways to lessen them. Mesothelioma is a very specific type of cancer. It is a form of cancer that occurs in the layer of tissue that covers most of the body’s internal organs, which is called the mesothelium.
Mesothelioma is very aggressive and dangerous. Treatments are available, but in many cases, there is no available cure. Mesothelioma is typically divided into different categories based on what part of the mesothelium is affected. Most commonly, it affects the pleura, which is the tissue surrounding the lungs. This is referred to as pleural mesothelioma. More rare types of mesothelioma exist. These typically affect tissues in the abdomen, which is known as peritoneal mesothelioma. It can also present in the tissues around the heart and the testicles.
What Causes Mesothelioma?
The most common factors that lead to mesothelioma include:
Smoking: A leading cause of many forms of cancer, smoking is a significant contributor to mesothelioma.
Radiation Exposure: Radiation has been shown to do a great deal of damage to the human body. Radiation has been shown to cause cancer and other ailments, including mesothelioma.
Genetic Factors: Some people are born with a disadvantage. It is possible that one person may be genetically predisposed to be at greater risk for mesothelioma than someone else.
Asbestos Exposure: This is one of the biggest factors in the United States. In fact 70 to 80 percent of mesothelioma patients were previously exposed to asbestos.
What is Asbestos?
Asbestos has a long history of use in construction and other applications, and it is a naturally occurring mineral. Asbestos is composed of a series of flexible and soft fibers. The structural makeup led to it being used in a variety of industrial processes. Some of the most useful aspects of asbestos is its durability and resistance to other forces and contaminants. The fibers are resistant to electricity, heat, and corrosion, which helped it to become very popular in many industrial uses. Over the decades, however, the dangers of asbestos have become more known, limiting its use.
Asbestos was highly used for many years in a variety of products due to its effectiveness as an insulator. The negative side of this is that the widespread use meant extended contact with asbestos for many people. When asbestos dust is inhaled, toxins can become permanently trapped, leading to serious health problems much later in life.
Common Forms of Asbestos Contamination
Asbestos is commonly found in older homes and other structures. It was commonly used in ceiling and floor tiles and pipe fittings. Construction and remodeling in older homes can be dangerous because pulling out or disrupting old installations can stir up dust that can cause health problems when it is inhaled. This dust could include a variety of potential toxins, however, asbestos is a large risk. Outside of dust inhalation, asbestos can cause water contamination. Not only is there a risk from asbestos use in pipe fittings, but small amounts of asbestos are commonly found in community drinking water.
Radiation Exposure and Mesothelioma
Radiation exposure can cause a variety of health issues. Exposure to radiation can occur in various settings and for different reasons. The root of the exposure could be occupational, environmental, or even medical. People who live or work in an area what they are frequently in contact with radiation are at an increased risk for developing mesothelioma. Radiation treatment for other forms of cancer can result in the onset of the disease as well.
Smoking Risks for Mesothelioma
Smoking is a hazardous activity. It increases the risk of various forms of cancer. Recreational smoking significantly increases mesothelioma risk.
Occupational Risk Factors
Occupational factors can be significant in contributing to mesothelioma risk. Most commonly, work environments that subject workers to radiation contamination or asbestos inhalation are strongly linked to cancer, especially mesothelioma. Many construction-related occupations have been impacted in the past by asbestos side effects. This is less common since the material is not used in new constructions the same as it was in the past. Firefighters have a strong mesothelioma risk because of the dangerous work they perform. Entering into a burning building is dangerous for a variety of reasons, but older structures can lead to asbestos exposure.
What Should I Do After a Mesothelioma Diagnosis?
Victims of mesothelioma have many questions. It is common to ask about liability after a diagnosis. Liability questions arise when it comes to toxic substances or environments. For questions about liability or gaining compensation, the best option is to consult a knowledgeable lawyer.
Georgetown Mesothelioma Lawyers at Jacobs & Crumplar, P.A. Help Mesothelioma Victims Get Compensation for Medical Care
Mesothelioma takes a serious toll on your health. Treatment can be very expensive and extremely challenging for most patients; this is why it is so important to receive compensation. If you have recently received a mesothelioma diagnosis, contact a Georgetown mesothelioma lawyer at Jacobs & Crumplar, P.A. Complete our online form or call us at 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Can Asbestos Affect My Drinking Water?
Asbestos is a naturally occurring mineral, it is made up of flexible fibers, which is useful in many industries. Asbestos fibers are resistant to heat, corrosion, and electricity. These components allow the mineral to be used in many different ways, but as useful as it may be, it can also be very toxic.
Asbestos works very effectively as an insulator. For this reason, it has been used in a variety of materials, including cloth, paper, cement, plastic. The problem with this is that when asbestos dust is inhaled, ingested, or otherwise enters the body, it can become permanently trapped there, leading to health complications
Older homes may contain asbestos. At one time, the mineral was very popular in the development of new structures. It was considered to be a great insulating agent that provided an extra layer of safety because of its heat and fire-resistant properties. Homes built prior to the 1980s are likely to have asbestos. Common locations for asbestos in older homes may include:
- Ceiling and floor tiles
- Textured paint
- Spray-on insulation
- Roof shingles
- Steam pipes
Asbestos has a long history of use in municipal water, wastewater, and stormwater systems. Additionally, many older homes still have pipes that contain asbestos. Over time, water pipes degrade, allowing more contaminants into water supplies. What many people may not know is that most water supplies in the United States contain small amounts of asbestos, according to the World Health Organization (WHO). The common belief is that the levels are too low to be dangerous; however, the presence of toxins in drinking water is concerning and could lead to health complications.
Is Asbestos Dangerous?
Asbestos can be very dangerous due to its toxic components. This is why large-scale use in commercial and residential construction has been phased out over the last several decades. It is important to remember, however, that asbestos is still used in smaller amounts in many products.
Asbestos has been linked to mesothelioma. Since the toxic elements can remain in the body for years without detection, the cancer and its symptoms may not appear until well after exposure. This means dangers can be long-term and severe.
What Should I Do About Asbestos-Related Health Issues?
Health issues arising from asbestos contamination can be very difficult and costly to treat. It is important to seek medical advice as soon as possible. It is also best to seek out a knowledgeable lawyer who understands the legal side and how to get a patient compensation for asbestos exposure.
Delaware Asbestos Lawyers at Jacobs & Crumplar, P.A. Help Families Affected by Asbestos Contamination
If you believe your water source has been contaminated by asbestos, do not hesitate to speak with one of our Delaware asbestos lawyers at Jacobs & Crumplar, P.A. today. For a free consultation, complete our online form or call us at 302-656-5445. Located in Wilmington and Millsboro, Delaware, we proudly serve clients throughout Dover, New Castle County, and Sussex County.
How can I Tell if My Tap Water is Contaminated?
Water is vital, and many people assume that all water sources are safe; however, even tap water can have contaminants. Water contamination is a major concern for any family, and it is almost impossible to detect without proper analysis. For this reason, it is important to learn how water becomes contaminated and how it affects a household.
What Causes Water Contamination?
Many households in the northeast section of the United States receive their water from either underwater wells or local reservoirs. Although there are Environmental Protection Agency (EPA) regulations imposed on community water sources, such as routine testing and filtration systems, other pollutants can still make their way to households. In fact, federal agencies find that certain contaminants can be found in a water supply and still be deemed safe and legal if there are minimal amounts.
Although there are federal regulations, water supplies can still be unsafe. Long-term exposure to contaminated water leads to dangerous health issues, such as cancer or neurological damage. The pollutants can reach a home’s water supply by several sources, such as agricultural runoff, nearby construction, deteriorating pipes, and faulty filtration systems.
What Water Contaminants are Found in Households?
Some contaminants that can poison a home’s water supply include:
Heavy Metals: Heavy metals include iron, cadmium, lead, mercury, arsenic, copper, and zinc. If consumed in heavy doses, these metals can lead to serious illnesses or death. They can seep into water supplies naturally because they are organic, but they can also come from deteriorating pipes or unfiltered systems.
Viruses and Diseases: Bacteria can lead to diseases, and it is not out of the ordinary that bacteria is found in water supplies. Unfiltered water can certainly be a source of disease if routine water quality checks are not performed.
Asbestos: Asbestos is a substance once used in older construction and has been known to find its way into pipes and through ground water.
How Do I Check My Water Supply?
There are countless other contaminants that have been found in water supplies, and it is important to have a home’s water checked regularly. A homeowner should send a water sample to a lab and have it analyzed. Also, a kit can be purchased so that water can be tested at home.
Some signs of water contamination include:
- Yellow, brown, or orange water
- Unusual taste, such as metallic or fishy
- Unpleasant smell
- Slimy feel
What Should I Do if My Water is Contaminated?
Depending on the source of contamination, a victim might be able to pursue a lawsuit if they become sick. If one suspects their illness is caused by a contaminated water source, they should contact a lawyer.
Delaware Environmental Lawyers at Jacobs & Crumplar, P.A. Protect Families Affected by Contaminated Water Sources
Every family depends on safe water supplies. If you believe your water source is contaminated, speak to one of our Delaware environmental lawyers at Jacobs & Crumplar, P.A. today. Call us at 302-656-5445 or complete our online form for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
How Do I File a Toxic Tort Claim?
A tort can be defined as a civil wrong committed by one party to another that causes property damage, personal injury, or another loss.
A toxic tort claim is when a personal injury resulted from exposure to a hazardous substance. This could include chemicals, pesticides, lead, asbestos, and toxic landfill waste. Toxic tort lawsuits can be brought by individuals or groups; the latter can be defined as a class action lawsuit.
What are the Types of Toxic Tort Cases?
Plaintiffs in toxic torts will usually claim that their illnesses or injuries were caused by exposure to dangerous substances. Here are a few categories of different types of toxic tort cases:
- Consumer goods: Pesticides or dry-cleaning solvents.
- Home exposure: Toxic mold, lead paint, and chemicals used to clean carpets.
- Pharmaceutical drugs: Some dangerous drugs, such as Prozac.
- Occupational exposure: Workers exposed to benzene or asbestos.
- Class action lawsuits: These take place when groups of people all become ill or injured after being exposed to hazardous substances.
Who is Sued in Toxic Torts?
Finding the root cause of the plaintiff’s damages in a toxic tort case could take time, especially if the problems took years to develop, like in mesothelioma cases.
Plaintiffs and their legal teams must consider every entity that could be linked to the illness or injury. There could be more than one party responsible, including:
- Owners of the location where the plaintiff was exposed.
- Companies who stored the dangerous substances.
How Do I Gather Proof for a Toxic Tort Claim?
When getting started, it is essential to understand how state laws apply to the toxic tort case, including any applicable statutes of limitations.
During the evidence gathering stage, plaintiffs must focus on showing that they were exposed to the substance, that the substance was toxic, and that this resulted in harm to the plaintiff. This can be challenging since the exposure may have taken place over a long time period. To pursue toxic tort claims, plaintiffs can focus on the following:
Fraud: To establish a fraudulent claim, the plaintiff has to prove that the defendant had a duty to disclose about the toxic materials but neglected to do so. The plaintiff can allege that the defendant knew that the substance was hazardous but hid this fact. The plaintiff can also show that the defendant marketed and sold the substance as a safe product through the use of false or misleading information.
Strict Liability: Strict liability toxic tort cases are more straightforward. The plaintiff must verify to the court that the product or substance was defective. It must also be shown that the plaintiff was sickened or injured by the defect.
Negligence: For negligence claims, plaintiffs focus on proving that the defendant exhibited a negligent failure to research and investigate a chemical. Also, the plaintiff can attempt to prove that the defendant failed to warn consumers about these harms.
Having expert testimony, scientific studies, and guidance from an experienced toxic tort lawyer can also be very helpful when gathering evidence for a claim.
Delaware Toxic Tort Lawyers at Jacobs & Crumplar, P.A. Have Immense Experience in Difficult Toxic Tort Claims
Filing a toxic tort claim can be difficult, but you can trust our knowledgeable Delaware toxic tort lawyers at Jacobs & Crumplar, P.A. We will fight aggressively to get you the compensation you deserve. For a free consultation, call us at 302-656-5445 or contact us online. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Why is it Important to Hire a Lawyer After a Mesothelioma Diagnosis?
Getting diagnosed with mesothelioma evokes many emotions, including frustration, worry, confusion, and anger. Contacting a lawyer who specializes in recovering damages after a mesothelioma diagnosis can help individuals figure out if they may be entitled to compensation for exposure to carcinogens that led to the development of the condition.
What is Mesothelioma?
Mesothelioma is a type of cancer that attacks the soft tissues around the lungs, male genitals, or heart. Over time, mesothelioma causes respiratory difficulty and cardiovascular issues. It may also cause men to experience erectile dysfunction.
Although patients with mesothelioma can learn to manage their disease and get treated for it, they cannot cure it. Mesothelioma is aggressive. In most cases, mesothelioma leads to early death due to low long-term survival rates.
There are several types of mesothelioma. Pleural mesothelioma attacks the lungs. Pericardial mesothelioma is focused on the sacs around the heart. Peritoneal mesothelioma affects the abdominal lining, and testicular mesothelioma rests in the genital area in male patients. It is possible for some people to receive a diagnosis of mesothelioma that covers more than one type of the cancer, such as a person who presents symptoms of both peritoneal and pleural mesothelioma.
How Do People Get Mesothelioma?
Mesothelioma does not have a congenital or hereditary origin, although in rare cases, patients have contracted mesothelioma after undergoing radiation therapy. Instead, the vast majority of people with mesothelioma develop the condition after constant, high-level exposure to asbestos, such as while they were working at an asbestos-heavy job site or with the raw mineral asbestos itself. Asbestos is a substance that was once used in building materials, insulation, and manufacturing processes.
When undisturbed, asbestos is not dangerous to humans. When released into the air, asbestos fibers can be breathed into the body where they lodge in the soft tissues and lungs. Once inhaled, asbestos fibers cannot be surgically removed. After many years of being in the body, asbestos fibers encourage inflammation and scarring of the soft tissues and lung linings, frequently leading to mesothelioma.
It should be noted that mesothelioma does not usually develop in a few years. Many people discover that they have mesothelioma decades after exposure, such as during their retirement years.
What Occupations Put Workers at Risk for Contracting Mesothelioma?
Some occupations are known for putting workers in contact with asbestos on a regular basis. Employees who worked in mines or on construction projects prior to 1980 are at danger of being diagnosed with mesothelioma. Other industries and career choices linked to later-life mesothelioma include the following:
- Emergency medical professionals
- Demolition workers
- HVAC technicians
- Military members
- Shipyard employees
- Asbestos mining professionals
- Textile mill personnel
- Auto repair technicians
Consequently, anyone over 45 years old who is working or worked in those fields may want to stay alert for the warning indicators of mesothelioma. Catching mesothelioma in its earliest stages offers the best chance for long-term survival.
What are the Signs of Mesothelioma?
Mesothelioma presents itself in a few key ways, although not everyone experiences every symptom of the cancer.
Patients with mesothelioma commonly report the following:
- Difficulty breathing
- Tightness in and around the chest
- Feeling of heaviness in the chest
- Stomach pains
- Sudden and unexplained weight loss
- Sudden and unexplained appetite loss
- Dry and hacking cough
- Swelling of the upper and lower abdomen
- Pain when breathing
- Lumps under the skin of the chest
Anyone who has these warning signals should make an appointment with a family physician or work with an oncologist immediately. The faster someone gets diagnosed with mesothelioma, the faster the person can take action to minimize effects.
How Does a Person Get Diagnosed with Mesothelioma?
Only a trained physician can properly diagnose and treat mesothelioma. After an initial consultation and examination, the doctor will order X-rays, MRIs, CT scans or other image-related evaluation tools. Bloodwork may also be drawn to indicate the presence of cancer. Doctors may also require that patients undergo a biopsy of tissues in and around the chest, abdomen, or genitals.
How is Mesothelioma Treated?
Mesothelioma treatment varies, depending upon how far along the cancer has progressed. Patients may respond well to more invasive procedures, including surgery, chemotherapy, and radiation. Clinical trials of alternative, untested trials may be available for some patients, depending upon the type and staging of the mesothelioma.
How Can a Person Get Damages for a Job-Related Mesothelioma Diagnosis?
As with any diagnosis of a serious health condition, mesothelioma is not just a terrifying disease to have, it is also very expensive. Many families with a household member who receives a mesothelioma diagnosis are devastated emotionally and financially. Paying out-of-pocket expenses for chemotherapy treatments and medications can lead to bills in the hundreds of thousands of dollars. This can wipe out an individual’s or couple’s savings for retirement quickly, leaving nothing.
The good news is that many people with job-related mesothelioma have been able to recover significant damages from their former employers. In fact, a large pool of money is available for mesothelioma victims. However, mesothelioma patients typically choose to work with legal representatives rather than try to go after damages on their own.
How Can a Lawyer Help Someone Recover Fair Compensation for Mesothelioma?
Working with a lawyer to recover compensation makes sense for the majority of people and families dealing with a life-changing mesothelioma diagnosis. Lawyers can be a bridge between victims and the fair compensation they deserve. Attorneys and their teams will also help build a strong case to prove that the mesothelioma was a direct result of employment rather than caused by something else.
Even if it seems as if a person’s mesothelioma is linked to a prior occupation, corporate and insurance lawyer teams will try to prove otherwise. Since mesothelioma happens so long after exposure to asbestos, getting proper documentation to prove causality can be difficult. Attorneys well-versed in fighting for mesothelioma clients understand how to streamline the process. Lawyers already working for mesothelioma patients will have inroads to experts who can help prove these cases.
Delaware Mesothelioma Lawyers at Jacobs & Crumplar, P.A. Help Victims Reach Fair Settlements to Cover Their Medical Bills and Pain and Suffering
Mesothelioma treatments can be very costly, so it is essential to receive compensation. If you recently received a mesothelioma diagnosis, contact one of our Delaware mesothelioma lawyers at Jacobs & Crumplar, P.A. Contact us online or call us at 302-656-5445 for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.
Is Mesothelioma a Threat During Natural Disasters?
When a natural disaster occurs, it throws everyone into a state of crisis management. However, it can also pose unexpected threats in terms of the health of survivors and disaster workers.
In fact, development of mesothelioma can be an outcome of spending time at a site post-disaster where asbestos is present. For this reason, all people assisting with the aftermath of floods, hurricanes, earthquakes, and other natural disasters should take precautions.
Where is Asbestos Located?
For about a century, the naturally occurring mineral asbestos was used in a variety of situations. Innovators began adding asbestos to lots of construction and interior design materials and applications. This is why most buildings constructed prior to 1980 likely contain some form of asbestos.
Why is Asbestos Dangerous?
When asbestos remains undisturbed, it is not an immediate health concern. Problems usually occur when asbestos is jostled around, and the particles become airborne.
Asbestos that has been disturbed can release dust into the environment. The dust consists of tiny particles that have a tendency to stay in the body when inhaled or ingested. Over time, buildup of those particles harms soft tissues, especially in the lungs, resulting in asbestos-related diseases.
How Does Asbestos Become Airborne During Natural Disasters?
Natural disasters destroy and damage properties. Winds pick up roofs and structures. Floodwaters cause foundations to shift. Fire peels paint off siding and walls. As a result, buildings composed of asbestos may release asbestos fibers into the air. Anyone around or in the buildings at the time of the disaster, or after the disaster, can come in contact with the harmful particles.
Who is at Risk of Inhaling or Ingesting Asbestos After a Natural Disaster?
Practically anyone involved in a natural disaster scene can be at risk of accidentally inhaling or ingesting freed asbestos, including emergency medical personnel and disaster workers. Even reporters sent to give updates on the damage caused by a natural disaster may inadvertently take in asbestos fibers.
How to Avoid Asbestos Exposure
People will always be needed after a natural disaster to help clean up and rescue people and animals. Nonetheless, those people can protect themselves against exposure to asbestos by wearing protective gear and by safely disposing materials and rubble.
Emergency personnel, like firefighters, as well as homeowners, can also dress in gear that covers them from head to toe. Some professionals wear disposable coveralls and Hazmat suits. After exposure at a disaster site, individuals should shower thoroughly to remove remaining particles.
In terms of getting rid of materials that may contain asbestos, people can wet items to decrease the chances of the asbestos making it into the air. Using heavy duty gloves and equipment, they can move the debris into bags, double-bagging when appropriate and possible. The debris can then be properly disposed of in a landfill or at another waste facility.
What are Typical Warning Signs of Asbestos-Related Medical Conditions?
Usually, asbestos-related problems take years to develop. This is why many first responders who went to major disaster scenes felt fine until a long time after the experience. However, breathing in a great deal of asbestos may cause earlier symptoms for some people.
A few of the most notable symptoms of mesothelioma or other types of asbestos-related medical conditions include the following:
- Respiratory problems
- Tremendous fatigue
- Chest pains
- Difficulty performing tasks that require exertion
- Dry cough
- Unusual and unexplained weight loss
- Decreased appetite
- Nausea or bloating
Individuals who were present during a natural disaster and its aftermath who experience medical concerns should immediately make an appointment with a trusted physician.
What if an Emergency Worker Develops Mesothelioma Years After a Natural Disaster?
First responders who are diagnosed with mesothelioma, lung cancer, or another related disease should contact their employers. At the same time, emergency workers should seek legal representation.
Delaware Mesothelioma Lawyers at Jacobs & Crumplar, P.A. Protect People Who Were Exposed to Asbestos
Were you recently exposed to asbestos? If so, speak to one of our Delaware mesothelioma lawyers at Jacobs & Crumplar, P.A. today. Call us at 302-656-5445 or contact us online for a free consultation. Located in Wilmington and Millsboro, Delaware, we serve clients throughout Dover, New Castle County, and Sussex County.