Any material or chemical that can cause harm to a person is considered a toxic substance. When a person is exposed to a toxic substance and subsequently harmed because of another’s actions, they can bring a claim against the responsible party. An Atlanta toxic chemicals and materials lawyer can help bring a claim on the injured person’s behalf. With the help of a diligent premises liability attorney, you could get fair and full compensation.
What is a Toxic Chemical or Material?
While state and local laws may set forth specific requirements as to the use or presence of certain chemicals, what is considered to be a toxic chemical is much broader. A toxic chemical can be any substance that can be harmful to an individual.
Chemical exposure is exposure to a chemical through contact, inhalation, or consumption. Chemical exposure may also be coming into contact with toxic materials. However, the legal definition of the exposure to toxic materials is broader than exposure to chemicals. Exposure may be the result of the failure to properly store a chemical or ventilate a confined space. Some of the most common toxic materials involved in these cases are lead, arsenic, carbon monoxide, and chlorine. Burns, brain damage, and death can result from exposure to toxic chemicals and materials.
Filing a Claim in Atlanta
A personal injury or wrongful death claim can be made when the injury or death results from exposure to a toxic chemical or material. The statute of limitations is typically two years from the date of the injury or death, meaning a person has two years to file a claim. However, there are potential circumstances that could toll or extend the statute of limitations. This makes it important to consult a knowledgeable Atlanta toxic chemicals or materials lawyer.
Available Economic Damages
Recoverable economic damages in a toxic exposure claim include past and future medical expenses and past and future lost wages. Essentially, these damages are meant to make up for any quantifiable loss suffered as a result of the accident.
Recoverable Non-Economic Damages
Recoverable non-economic damages include damages for pain and suffering. This refers not only to physical pain and suffering, but also mental pain and suffering. This area of damages is defined broadly in Georgia and includes the diminished capacity to work as well as any impact on a person’s ability to enjoy life.
When Punitive Damages Apply
Punitive damages can be awarded if the exposure is the result of intentional, wanton, or reckless behavior or if the negligent actor acted with conscious indifference to the consequences. These damages are calculated by the jury with their charge being what amount is appropriate to punish the defendant’s conduct and deter similar future conduct. However, they will generally be capped at $250,000
An Atlanta Toxic Chemicals and Materials Attorney Can Be an Advocate
If you or a loved one was hurt because of a toxic substance, you may be able to bring a claim against the responsible party. Since these claims can be complicated, it is important to work with an experienced Atlanta toxic chemicals and materials attorney. A well-versed attorney can focus on the legal aspects of a claim so you can focus on your recovery. Call today for a free consultation to learn more.