Toxic exposure can be extremely hazardous to one’s health. It can
happen in situations where an individual is exposed to certain solvents
and materials. If you or someone close to you to has suffered harm due
to toxic exposure, an attorney can help you assess the merits of your
case. Our skilled personal injury lawyers have over 100 years of combined
experience, and have helped countless clients in the Baltimore area with
their accident claims.
Our team has secured record settlements and verdicts for our clients.
Toxic Exposure Leading to Injury Lawsuits
A toxic tort refers to a personal injury claim focused specifically on
harm suffered due to chemical exposure. Chemicals that are classified
as carcinogens or neuro-toxins can be very dangerous, especially to individuals
who work in close proximity to such substances over a long period of time.
Chemicals that often give rise to injury claims include but are not limited
to: asbestos, benzene, lead, manganese and more. Exposure to toxic chemicals
can have serious and long-term consequences for a person’s health.
In some case, exposure to toxins can lead to death.
Liability can be established for individuals and entities whose negligence
has led to unsafe or toxic conditions. When it comes to toxic exposure,
plaintiffs may proceed under a variety of theories, including negligence.
Negligence is the failure to use reasonable care in one’s actions.
Put another way, negligence is any conduct that creates an unreasonable
risk of harm to others. To prevail on a negligence claim, the plaintiff
must establish the following elements: i) the defendant owed plaintiff
a duty to act as how a reasonably person would behave under the same or
similar circumstances; ii) the defendant breached this duty owed to plaintiff;
iii) the defendant’s breach was the direct cause of the plaintiff’s
harm. In the context of toxic exposure, the plaintiff would have to establish
quantifiable harm caused by the exposure to the hazardous substance.
Under Maryland law, a person has a limited amount of time to file a personal
injury claim, known as the statute of limitations. An individual has three
years from the date of the injury or three years from when the individual
should have known about the injury to file a claim due to toxic exposure.
The statute of limitations for wrongful death is three years from the
date of the death. For example, an individual’s express knowledge
of his exposure to asbestos coupled with a diagnosis of mesothelioma would
likely be sufficient for the statute of limitations to begin running.
An individual who prevails on a negligence claim can recover a variety
of damages including reimbursement for past, present and future medical
expenses; loss of property, lost income and benefits; pain and suffering,
and more. The exact amount of compensation an individual can recover will
vary according to the nature and extent of the harm suffered.
Toxic Tort Attorneys Serving Prince George’s County
At Wais, Vogelstein, Forman & Offutt, we have the ability, understanding
and resolve to handle your toxic tort and/or toxic exposure case. This
is a complex and nuanced area of law, and our attorneys represent clients
throughout Prince George’s County in toxic tort claims related to
wrongful death, and other legal standards. We will gather the facts of your case and
give you a realistic assessment of your legal options.
To learn more, please do not hesitate to
contact us online or call us at (410) 567-0800 to schedule your free consultation. We
proudly serve clients across Maryland and Washington D.C.