Why Toxic Exposure Cases Are Difficult To Prove
Some personal injury cases result from a major event that your injuries can be easily pinned on. However, there are other cases where your injuries might be the result of long-term exposure to a hazardous chemical. This is often referred to as a "toxic tort" and can be very complicated. You will need help from a negligence attorney, such as Franklin L. Jones, Jr., to resolve this type of case.
The Requirements for a Successful Toxic Tort Case
To prove this type of case, your negligence attorney must show that a relationship existed that created a duty of care. This means that the individual in charge of the toxic chemicals you were exposed to had a duty to make sure that the chemicals were safe and secure. Then, the individual with duty of care must breach that duty through negligence.
The negligence must directly injure you. Not only that, but you must suffer damages as a result of the injury. For example, if you are exposed to chemicals and the exposure is simply unpleasant, but you are not able to tie the exposure to monetary damages, you would not be entitled to compensation for your injuries.
Why You Need a Negligence Attorney
Cases involving chemical exposure are very difficult because the results of chemical exposure often do not appear right away. Also, when a medical condition does arise, it can be difficult to prove that the condition is a direct result of chemical exposure.
You might be working in an industry where you work with a chemical that is associated with certain health conditions. However, this might be difficult to prove. Also, while you might be entitled to workers' compensation for your injuries, you may also need to investigate whether any other parties are responsible for your toxic exposure to maximize your compensation.
Exposure in Your Home
Whether or not you are entitled to compensation for exposure in your home depends on where the toxic chemicals came from. If you introduced these chemicals to your own home, you would not be entitled to compensation. If these chemicals were introduced by another party, such as a building contractor, you may be able to seek compensation from that contractor.
However, if you are renting your home, the landlord would be responsible for any chemicals you are exposed to as long as you can prove that the landlord was aware of the harmful chemicals and did nothing to protect you against them.