Exposure to toxic chemicals can cause life-threatening injuries and death. In some cases, injuries require immediate medical attention upon exposure. In other cases, such as when victims have been exposed to Agent Orange and asbestos, injuries do not manifest until decades later. A common misconception is that the only way that a person can be injured by a toxic chemical is by direct physical contact. To the contrary, injuries can also be caused by inhalation, ingestion and through transdermal exposure.
It can be difficult to establish liability in a toxic tort case especially when the defendant is a major corporation. If you or someone you love have been injured by exposure to chemicals and other toxins, it is crucial that you retain a skilled Miami personal injury attorney as soon as possible. Prosper Shaked Accident Injury Attorneys PA provide high quality legal services and take pride in aggressively representing clients in toxic tort cases.
Toxic Chemical Exposure and Related Injuries
Sometimes, victims were not aware that there were harmful substances in their immediate vicinity at the time of exposure. Other times, victims knew that they were working with toxic chemicals, but nevertheless suffered injuries due to inadequate personal protective equipment. Some of the most common substances that have caused serious injuries and death are:
- Asbestos
- Lead
- Manganese
- Toxic mold
- Silica
- Paint
- Vinyl Chloride
- Mercury
- Pesticides
- Teflon
- Benzene
- Cadmium
- Beryllium
- Acids
- Solvents
- Thimerosal
- Sewage gas
- Oil spills
As stated above, it can take years, even decades, for injuries to manifest after initial exposure to toxic chemicals. The severity of the injuries suffered can depend on several factors including length of exposure, proximity to toxic chemicals, type of contact that was made, and type of chemicals that were in the vicinity at the time of exposure. Common injuries that have been suffered as a result of toxic chemical exposure include:
- Chronic toxicity
- Skin and sensory sensitization
- Asthma and respiratory problems
- Brain damage
- Nerve damages
- Burns and corrosion
- Rashes and skin injuries
- Throat injuries
- Fetal abnormalities
- Cancer
- Systemic chemical poisoning
- Internal organ damage
- Kidney failure
- Eye injuries
- Death
Liability for Exposure to Chemicals and Toxins
Establishing liability for injuries suffered caused by exposure to chemicals and other toxins can be challenging for numerous reasons. Evidence of exposure can be difficult to produce especially if injuries occurred as a result of inhalation. Furthermore, in many cases, the exposure took place years ago which can also make it problematic when a victim is trying to produce evidence. One way to establish liability in a toxic tort case is to file a personal injury lawsuit against an employer or other responsible party on a theory of negligence. There are three essential elements that a plaintiff must prove in order to succeed on a negligence theory:
- The employer or responsible party owed a legal duty of care to the plaintiff;
- The employer or responsible party breached the legal duty of care; and
- As a result of the breach, the plaintiff suffered damages
There are two types of damages that a plaintiff can collect in a personal injury lawsuit: compensatory and punitive. Compensatory damages are awarded to make a plaintiff “whole.” They are divided into two subcategories: monetary and nonmonetary. Monetary damages include:
- Present and future medical expenses
- Present and future lost earnings
- Household services
- Vocational rehabilitation
- Wrongful death damages
It is more difficult for courts to calculate nonmonetary damages, but they are still recoverable. Nonmonetary damages may include:
- Loss of enjoyment
- Loss of consortium
- Emotional distress
- Pain and suffering
Courts award punitive damages in cases where a defendant’s behavior is egregious or outrageous to the extent that it shocks the conscience. The purpose behind awarding punitive damages is to “throw the book” at a defendant in an effort to deter others from committing similar acts in the future. Florida has a cap on the amount of punitive damages that can be awarded in a personal injury cause of action. A plaintiff may collect three times the amount of compensatory damages awarded or $500,000, whichever is greater.
Florida Statute of Limitations
Florida has a two year statute of limitations for personal injury claims. This means that an injured party has two years from the date of injury to file a personal injury claim in court. The application of the statute of limitations to toxic tort cases seems unfair due to the fact that in many cases injuries do not manifest themselves until years after exposure. This is why it is so important for a victim of toxic torts to retain an experienced personal injury attorney to challenge the statute of limitations in these cases and make a claim that the discovery rule should apply.
Miami Chemical and Toxic Exposure Lawyer
If you or someone you love have suffered injuries caused by exposure to chemicals and toxins, do not wait any longer to contact a personal injury attorney. Prosper Shaked Accident Injury Attorneys PA use every available resource to ensure that clients who were victims of chemical and toxic exposure receive just compensation for their injuries. Call Prosper Shaked today at (305) 694-2676 to schedule a free and confidential consultation with a Miami chemical and toxic exposure attorney.