If you got sick from chemicals, contaminated water, asbestos or another toxic substance in San Diego, you may have a claim against the company or person responsible for the exposure. In California, the deadline for most toxic exposure claims is two years from the injury or, if later, two years from when you knew or reasonably should have known of the illness, its physical cause and facts suggesting someone else’s wrongful act contributed to it (Cal. Code Civ. Proc. § 340.8). Asbestos claims follow a separate rule (Cal. Code Civ. Proc. § 340.2). If the exposure happened at work, workers’ comp usually applies, and a claim against an outside manufacturer or supplier is still possible (Cal. Lab. Code § 3852).
Exposure to toxins can cause cancer, birth defects and other serious injuries. Unfortunately, toxic exposure in San Diego and the surrounding areas is a very real risk that people face. From asbestos in old buildings to chemicals leaching into the water supply, there is a very real risk of exposure when proper precautions are not taken.
If toxic exposure occurs at work, or because of the actions of a company or an individual, those who suffer harm can obtain compensation for losses. A San Diego toxic exposure attorney at Injury Trial Lawyers can help you to pursue a damage claim if you or a loved one becomes sick due to toxic exposure.
Toxic Exposure Claims Present Challenges
Exposure to toxins can have an adverse impact on the body, but often the consequences of the exposure do not become immediately apparent. It could take weeks, months or years for a person exposed to a toxic chemical to get sick as a result. Unfortunately, this can make it difficult to prove claims arising from exposure to harmful chemicals or substances.
Certain toxins have been clearly linked to illnesses. Asbestos, for example, is the only cause of asbestosis and is the primary cause of mesothelioma. There are, however, many other illnesses that toxins can cause that may be more difficult to trace back to a particular hazard. For example, the specific causes of most types of cancers are unknown. When a person is exposed to a toxin that increases the risk of cancer, it can thus be difficult to prove that it was actually the chemical that led to the illness and that the cancer did not occur because of environment, genetics or unknown causes.
Because of these challenges, victims who are exposed to toxins need to ensure that they are represented by a qualified legal professional with knowledge of these complex claims. Our personal injury lawyer has helped people who have been harmed stand up for their rights. We can help you gather the medical, work and exposure records your claim needs and pursue compensation for medical costs, lost income, pain and suffering, emotional distress and wrongful death damages.
Taking Legal Action in a Toxic Exposure Case
If you were exposed to a toxin at work, you may be able to get your medical bills paid through workers’ compensation. Workers’ comp also provides disability benefits, and there is no requirement to show negligence to make a successful claim. You must simply prove that you were made sick as a direct result of your work duties.
While workers cannot sue their employers, there may also be others responsible for their toxic exposure who they can make a personal injury claim against.
A personal injury claim, or a wrongful death case, can also be brought by other victims or their family members after toxic exposure causes illness. These types of cases may settle outside of court if the company or individual responsible for the toxic exposure agrees to pay a reasonable settlement. The toxic exposure attorney at Injury Trial Lawyers can also help you to prove your claim to a jury.
To learn more and to have your case evaluated for free by a member of our legal team, call Injury Trial Lawyers today.
Agencies That Regulate Toxic Exposure
- Drinking water: The State Water Resources Control Board’s Division of Drinking Water regulates public water systems.
- Workplaces: Cal/OSHA enforces workplace health and safety standards, including exposure rules, and takes complaints.
- Damages: Jurors are instructed on past and future medical expenses under CACI 3903A and on pain, suffering, and emotional distress under CACI 3905A of the Judicial Council of California Civil Jury Instructions.
Toxic exposure FAQ
When does the deadline start for a toxic exposure claim?
For injuries caused by exposure to a hazardous material or toxic substance, the deadline is generally two years from the injury or, if later, two years from when you knew or reasonably should have known of the injury, its physical cause and facts suggesting someone else’s wrongful act contributed to it (Cal. Code Civ. Proc. § 340.8). Asbestos claims follow a separate rule (Cal. Code Civ. Proc. § 340.2).
What if I was exposed at work?
Workers’ compensation usually covers workplace exposure. You may also have a claim against a third party, such as the manufacturer or supplier of the substance.
What records help a toxic exposure claim?
Medical records, employment or residence history, product names or labels, and any testing results can help show where and how exposure happened.