Toxic and Chemical Injuries

We live in a world surrounded by chemicals and toxic substances that can kill us. On the other hand, they, also, clean our clothes, fertilize our crops and kill dangerous bugs, among many other things. The fact is that we cannot live without being around dangerous chemicals. So, what have we done to protect ourselves from harm.

First, we test the chemicals to see how dangerous they are. Some are so dangerous that they cannot be allowed to exist outside of a laboratory. There are some acids that are so powerful that they can eat through anything but a few certain types of containers. So, they are never seen by the public. Of those that we must tolerate, we insist on proper warnings or special packaging. Household cleaning supplies, for instance, are toxic if swallowed, but warnings tell the user not to do that. Some containers have difficult caps to remove, so that there is no accidental spill of a product that can cause harm.

In claims for injuries resulting from exposure to a toxic substance, the issue is whether the product was produced to be just as minimally toxic as it needed to be to accomplish the desired objective and whether it was packaged and labeled to inform the user how to safely be around the chemical substance. For instance, sometimes vapors from a chemical can be deadly, so in that situation warnings will include the need for proper masking.

Toxic substances and chemical injury cases are a type of product liability claim. Expert witnesses are needed to explain to the jury the danger that the substance presents and whether it could have been made safer, while still performing the same desired function. In addition, it the packaging was inadequate or the warnings did not give enough information, then that can be the basis for a claim. Often, there is a battle within a company between the safety engineers who want to warn about the dangers of a product and the sales people who are afraid that too many warnings will make people not want to buy the product. This is why it is important to contact an experienced toxic and chemical injury attorney. A search of the manufacturer’s records may reveal such an internal discussion, and if discovered, It is the job of the lawyer to help the jury understand the company’s eventual decision to forsake safety in order to increase sales of the product.

A. Russell Blank LLC specializes the handling of toxic or chemical injury cases. Russell has spent decades in understanding the nature of how these cases need to be investigated and how to assemble a team of experts that will persuade a jury that the injuries did not have to happen. If you have suffered an injury because of exposure to a toxic substance, you need a toxic and chemical injury attorney. Contact us right away.

Practice Areas

Motor Vehicle Accidents
Toxic and Chemical Injuries
Products Liability
Medical Malpractice
Premises Liability
Drug Company Liability
Wrongful Death

Under what circumstances can you file a claim for injuries caused by exposure to toxic chemicals?

The Dangers of Toxic Chemicals

We live in a world of chemicals. Most of them are relatively harmless, even if misused. However, there are chemicals that can cause serious injury or death if improperly used. It is the responsibility of the manufacturer to provide explicit warnings and instructions on how to handle or be exposed to chemicals that can cause harm. In many cases, the sales department of a chemical company urges that the warnings of known dangers be minimized since cautionary language can inhibit sales. The damage that can be done by exposure to toxic chemicals cannot be minimized. So, anyone hurt by a chemical should have their situation carefully assessed to determine if more could and should have been done to reduce the danger of injury.

Increased Risk for Exposure to Toxic Chemicals
Some jobs increase your risk of exposure. Working in or near a chemical plant almost certainly puts you in contact with dangerous chemicals. Factory workers, painters, insulators, and HVAC technicians are also high-risk occupations. But exposure can also occur outside of the workplace.

Possibility of Compensation
In some cases, you can receive compensation for your injuries. If exposure occurred because your employer was negligent, then your only remedy is through a claim for workers compensation benefits. On the other hand, if you were exposed to a chemical that was manufactured by a company other than your employer or you bought the product at a store and used it according to the label instructions and still got hurt, then you may have the right to file a claim for damages.

In some instances, the damage done by exposure to a chemical may not manifest itself immediately. In Georgia, the statute of limitations runs from the date on which you first experienced a symptom that was caused by the exposure, even if you did not realize that it was from a chemical that you encountered many months earlier. The law requires that you diligently investigate the cause of your complaints by going to more than one doctor, if needed. You have two years to discover the cause of your injury and after that date, your claim will expire.

Legal Representation
It is not easy to prove a toxin caused your injury or illness. That is why you will want to consult a toxic and chemical injury attorney. You might need professionals such as doctors, chemists, and toxicologists to speak on your behalf. An experienced personal injury attorney in Georgia would know whether such experts are needed and will have a list of such persons to contact. A good lawyer can also assist in helping you get the diagnosis of your condition, if it remains uncertain, by directing you to doctors or other experts who specialize in this field.

A personal injury attorney in Georgia will also guide you on how to establish the magnitude of your injuries. It must be remembered that a toxic chemical injury case is a complicated matter and A. Russell Blank LLC has been handling these type cases for more than 30 years. He is capable of advising you on how to proceed.