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The term “toxic tort” describes a type of personal injury lawsuit involving exposure to hazardous materials that can cause injuries or illnesses. From breathing in mold to suffering chemical burns due to a spill, these incidents often are the result of negligence.
If you are dealing with a medical condition due to toxic exposure, you could be entitled to financial compensation. A compassionate personal injury attorney could investigate the nature of an accident, spill, or mold in your residence to determine who was at fault. While these cases are complex, a Fallbrook toxic tort lawyer could help you pursue the damages you deserve.
A Fallbrook toxic tort attorney can assist with a wide range of cases. Ultimately, recovering compensation in these situations requires an act of negligence to lead to exposure to a dangerous chemical or substance. Some of the most common examples include the following:
Mold is a type of fungus that can bring severe health consequences to those who come into contact with it. Inhaling the spores of certain types of mold can be toxic and potentially deadly. It can grow in any place that has enough organic material and moisture. Often, this growth occurs due to negligent actions that result in water leaks.
There are numerous chemicals that can lead to devastating burns when they come into contact with the skin. From lye to sulfuric acid, the injuries that result from exposure to these caustic substances can be catastrophic. Anyone responsible for spilling or otherwise exposing the public to these chemicals could be liable for any injuries that occur.
Lead was a commonly used material in home construction up until the 1980s. While it has largely been removed over the years, there are still structures that contain it. Ingesting this substance can be poisonous, causing damage to the nervous system and brain.
Inhaling carbon monoxide is potentially deadly for humans. This gas is colorless, odorless, and tasteless, making it especially dangerous. Exposure to this gas can leave a person with flu-like systems.
A strict legal deadline—known as the statute of limitations—applies to all toxic tort cases across the state. Strict consequences come with filing a lawsuit after the time limit expires.
A plaintiff generally has two years from the date they are exposed to a harmful substance to pursue legal action. While the time begins to count down on the day a person was exposed to a dangerous substance, it can take time for symptoms of an illness to develop. In these situations, a plaintiff could get more time to file a lawsuit depending on how long it took to discover the illness. For wrongful death actions, the time limit expires two years from the date of their passing.
Compliance with the statute of limitations is vital, as filing a lawsuit even a day after the deadline expires can mean the dismissal of a lawsuit with prejudice. One way to avoid this bad outcome is by relying on the guidance of a toxic tort attorney in Fallbrook. The right legal counsel could ensure compliance and avoid a disappointing outcome in this type of high-stakes litigation.
If you are dealing with an illness or injury due to exposure to hazardous material, now is the right time to explore your legal options. Reach out to a Fallbrook toxic tort lawyer from our firm today to learn more.