Philadelphia Chemical Exposure Attorney

Living in a modern, industrialized society means we are constantly surrounded by potentially dangerous chemicals and substances. And despite the fact most of these chemicals are regulated, far too many people in the Philadelphia area suffer serious illnesses and injuries every year as a result of exposure to these hazards. The worst part is many of these victims may not even realize they have been exposed until months or years after the fact.

If you, or someone that you love, has been injured due to chemical exposure, you need to consult with an attorney who specializes in toxic tort litigation. The Philadelphia chemical exposure attorneys at Quinn Injury Lawyers can review your medical records, investigate the possible sources of your chemical exposure, and represent you in taking necessary legal action to secure compensation for your injuries. We understand that toxic torts are a serious, life-threatening matter, which is why we will expend every effort on your behalf to hold the negligent parties accountable for their actions.

The Different Types of Toxic Tort Claims

A personal injury or tort claim arises when the negligent act or omission of one party causes injury to another party. We often use the term toxic torts to describe personal injury claims caused by chemical exposure. Some of the more common examples of toxic tort cases that we handle at Quinn Injury Lawyers include:

• Chemical Exposure in the Home: Many residential buildings, particularly older properties, contain dangerous chemicals and toxic substances, including lead, asbestos, and mold. Additionally, dangerous chemicals in key systems that your home relies upon, such as the water supply, may be contaminated by toxic chemicals due to third-party negligence.
• Chemical Exposure in the Workplace: If you work in any type of heavy industry or construction, you are likely exposed to a wide range of toxic chemicals during the typical workday; in many cases, the exposure itself may be cumulative over a period of months or years.
• Defective Consumer Products: All consumer products sold in Pennsylvania are subject to strict product liability laws. This means that a manufacturer can be held responsible if chemicals in those products cause injury or illness to customers.
• Pharmaceuticals: If a prescription or over-the-counter medication has an unexpected side effect that harms you, the manufacturer can be held liable.

In a toxic tort lawsuit, a plaintiff has the same burden of proof as any other personal injury claim. This means that it is not enough to prove the defendant produced a dangerous chemical or exposed the plaintiff to such chemicals. The plaintiff must also show that the chemical exposure was the proximate cause of their injury or illness. Proving such causation is often more difficult than victims realize, as the defense will often try to argue that any injury or illness could have been the result of some additional or intervening cause. This is why it is critical to work with a Philadelphia chemical exposure attorney who will fully investigate your case before filing a lawsuit.

Can I Sue My Employer for Chemical Exposure?

Toxic tort claims based on workplace chemical exposure often fall under Pennsylvania’s workers’ compensation law. Workers’ comp is designed to provide “no-fault” benefits to a covered worker who sustains an injury or contracts an illness as a result of their employment. Your employer is required to carry sufficient workers’ compensation insurance to cover any injury or illness claims.

If your employer complies with the requirements of workers’ compensation, they generally cannot be sued for any workplace injury or illness, including those arising from chemical exposure. That said, many employers and insurance companies will attempt to stonewall workers who file claims due to chemical exposure. Again, the amount of time that often lapses between the initial exposure and the manifestation of an injury or illness can play a role in such tactics.

Also, keep in mind that workers’ compensation only protects your employer from lawsuits. It does not cover third parties who contributed to your chemical exposure, such as the company that produced the dangerous chemical or substance in the first place. You may still be able to sue and recover damages from such third parties notwithstanding workers’ compensation.

Do I Have Grounds for a Class Action?

Unlike many other types of personal injuries, chemical exposure often affects more than one person at a time. Indeed, in the case of home or workplace exposure, there may be hundreds–even thousands–of people who have sustained a similar injury or illness due to exposure to the same manufacturer’s chemical or a single event. In such scenarios, the victims may have grounds to file a class action against the responsible parties. Class actions provide a mechanism for litigating such toxic torts in a more efficient manner than proceeding with hundreds of individual lawsuits. Our qualified Philadelphia chemical exposure attorneys can advise you if a class action may be an option in your case.

What Damages Can I Recover from Chemical Exposure?

If you can prove liability in a toxic tort case arising from chemical exposure, you are entitled to seek and recover the same kinds of damages as any other personal injury case. Under Pennsylvania law, such damages include:

• all past, present, and estimated future medical bills;
• lost income due to time spent recovering from your injury or illness;
• compensation for any permanent disability you sustained as a result of chemical exposure;
• non-economic damages to compensate you for your pain and suffering and lower quality of life; and
• wrongful death compensation for the family members of a victim who died as a result of their chemical exposure.

Pennsylvania imposes a two-year deadline to file a personal injury lawsuit. But this statute of limitations can be tolled or extended in toxic tort cases when the victim can show their injury or illness did not manifest itself right away. Nevertheless, if you have any reason to suspect you may be the victim of chemical exposure, it is critical that you seek immediate medical attention.

Contact Quinn Injury Lawyers Today

Toxic torts are often among the most challenging types of personal injury claims. So it is important not to delay in consulting with a skilled Philadelphia chemical exposure lawyer if you have a potential claim. Call Quinn Injury Lawyers today at 215-360-3666 or contact us online to schedule a free consultation.

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