Environmental Illness Lawsuit
Lawsuits Involving Environmental Illness
Most people view environmental protection laws as conservation measures or mandates for businesses to conduct themselves in a friendly "green" way to preserve the planet's health. Environmental litigation is, in actuality, legal actions taken against corporations or individuals whose actions have caused actual harm to others by destroying property or causing health complications.
Our health and safety are easily threatened when the air we breathe or the food and water we consume are toxic. The Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) are responsible for ensuring that our population is adequately defended against environmental threats caused by humans.
The personal injury attorneys at Rosenfeld Injury Lawyers LLC provide advocacy support and legal advice to victims injured when exposed to hazardous chemicals in the environment. Our environmental litigation lawyers can provide a free case evaluation to review confidential information regarding your compensation claim.
Let us work and review your case so that we may assess your chances of receiving compensation through claims on the national asbestos trust fund.
Effects of Environmental Policies on Innocent Bystanders
When an individual or corporation’s environmental policies interfere with others’ rights, this is considered a nuisance. Environmental nuisances can cause physical harm or result in the destruction or devaluation of property and include the following.
- Pollution that reaches public waterways or water tables – When toxic materials result in the injuries or deaths of those who consume or come in contact with them, it is the company’s responsibility that has caused the pollution to provide compensation for the victims. Examples include oil spills polluting public rivers and lakes or destroying natural resources by dumping toxic chemicals into waters that come into contact with the public or their water supply.
- Excessive air pollution that results in illnesses of those nearby – The Clean Air Act has given the EPA powers to establish standards that regulate the numbers of toxic waste corporations are permitted to release into the air. Should a company emit excessive amounts of toxic materials such as sulfur oxide, ethylene oxide, nitrogen oxide, and carbon monoxide, it is possible to hold the company liable for any injuries resulting from the diminished air quality in the surrounding area.
- Improper or toxic use of pesticides – Pesticides can be incredibly toxic if used in excessive quantities and over-densely populated areas. Corporations that fail to abide by regulations controlling the use of pesticides may be penalized and held responsible for any injuries that are determined to be linked to the use of the pesticide in question. Our law firm is actively prosecuting cases involving Roundup lawsuits and Paraquat lawsuits.
- Chemical waste and manufacturing – Chemicals serve many practical purposes and are harmful to both the environment and humans. Any employee not protected from the immediate and prolonged exposure to chemicals could create a liability problem for their employers. A company polluting the environment with chemicals may be held liable if others are injured.
United States Class Action Lawsuit
In April 2010, the Deepwater Horizon oil spill in the Gulf of Mexico became one of the world’s most significant industrial disasters in history, covering 68,000 square miles. The British Petroleum-owned oil rig and well, operated by Transocean, resulted in eleven deaths and seventeen injuries.
The Environmental Protection Agency (EPA) released a report of twenty compiled scientific studies that determined thousands of sea turtles and marine animals were killed in the disaster that contaminated many of their habitats.
The disaster harmed many businesses along the US southern coastline, causing property and economic damages, medical problems, and contaminated drinking water. In response, many harmed individuals and companies filed civil lawsuits against the owners and operators seeking justice while recovering for their damages that later became a class-action lawsuit.
The U.S. government, along with British Petroleum, initiated a class-action settlement fund for property damage, and medical conditions arising from residents and clean-up personnel exposed to chemical toxins on beaches, bayous, and inlet waterways in Alabama, Florida, Louisiana, Mississippi, and Texas.
The contamination the disaster left behind may compromise the environment and pollute drinking water sources for centuries.
Environmental Illnesses and Injuries FAQs
Our personal injury attorneys recognize that many families have unanswered questions on filing and resolving a toxic injury case. Our law firm answered some of those questions below.
Contact us today at (888) 424-5757 to schedule a free consultation to discuss your case. We are here to help.
What Is an Environmental Injury?
According to the Environmental Protection Agency (EPA), environmental illnesses and injuries can occur in recreational, occupational, and residential settings. Some symptoms associated with short-term exposure to lead and other hazardous chemicals include:
- Tingling sensations
- Intense pain
- Memory loss
- Headaches including migraine headaches
- Abdominal pain
- Loss of appetite
How Do Healthy Environments Prevent Disease?
According to the World Health Organization (WHO), toxic environments are known causes of disease. Their report released in 2016 identified one-fourth of all global deaths attributable to modifiable environmental factors.
Alternatively, health environments help prevent chronic respiratory diseases, ischemic heart disease, cancer, and unintentional injuries.
Can a Chemical Make You Sick?
Contact to toxic substances through inhalation, swallowing, or contamination contact could make an individual sick. Many environmental cases involve asbestos-related disease, lung cancer, esophageal cancer, liver damage, and kidney failure.
Depending on the length of time the victim was exposed to the toxic chemical might experience adverse health effects based on the chemical type, the dosage, the duration of exposure, and how often (frequency) they were exposed.
Are All Chemicals in Drinking Water Toxic?
According to OSHA (Occupational Safety and Health Administration), scientists measure toxic substance poison levels based on the chemical’s strength. Specifically, any chemical has the potential to be poisonous when exposed through inhalation, ingestion, or contact.
In some cases, the chemical toxicity level is so high that even a small dose could potentially be poisonous. Some chemicals used in the workplace break down over time or are excreted without changing.
Is Asbestos a Toxic Chemical?
Many mesothelioma patients file asbestos claims and class-action lawsuits seeking compensation for injuries caused by exposure to asbestos material. These mass tort suits based their claims on some of the diseases associated with asbestos exposure, including:
- Lung cancer
- Chest cavity lining damage
At the end of 2020, the United States Supreme Court ruled that product manufacturers must warn consumers of the potential dangers of asbestos. For decades, asbestos was used in various industries in the United States due to its fire-prevented qualities. The material was used to create insulation, tiles, brake lining, and other products.
However, these materials’ movement or disturbance could potentially release microscopic ‘fibrils’ from the products into the surrounding atmosphere to be inhaled or land on workers’ clothing.
What Toxic Chemicals Cause Disease?
Exposure to a toxic chemical or material can be highly toxic or potentially poisonous to the system, causing significant health effects based on the chemical’s toxicity levels, including potency, routes of exposure, dosage, and length of toxic exposure.
Contamination sites exposing highly toxic materials and chemicals could include:
- Asbestos dust – Asbestos exposure can cause asbestosis and mesothelioma
- Benzene – Exposure to benzene can occur from leaking underground storage tanks, gas stations, tobacco smoke, and industrial emissions
- Ethylene glycol – this toxic chemical is used in anti-free formulations, hydraulic brake fluids, deicing solutions, ballpoint pens, and stamp pads
- Hydrofluoric acid – The highly corrosive solution is used to fabricate Teflon material and antidepressant medication including Prozac (fluoxetine)
- Strychnine – The bitter, colorless crystalline alkaloid is an effective pesticide that can specifically kill rodents, birds, and other small vertebrates
- Toxic alcohols – Diethylene glycol, isopropanol, and methanol are highly toxic chemicals used in radiator antifreeze, windshield wiper fluid, rubbing alcohol-based sanitizer gels, and antiseptics
Knowing When to Contact an Attorney to Pursue a Toxic Tort Case
Some environmental nuisances are more evident than others. For instance, if a company dumps chemicals or toxic waste into a lake and it washes up onto the shore of a property owner, that property owner has the right to sue for damages. In other cases, an environmental disaster or hazard may cause you to develop a medical condition only after many years of prolonged exposure.
Only a qualified environmental law litigator can honestly evaluate cases and determine whether your injuries or damages were the results of a breach of environmental law. Environmental disasters usually encompass an area or region that has been affected by the toxin or pollutant responsible.
An environmental hazard might have harmed any individual with unexplained injuries, respiratory problems, or significant health conditions. Victims should speak with an attorney willing to investigate the matter to hold corporate polluters accountable.
The environmental litigation group at Rosenfeld Injury Lawyers LLC has years of experience resolving personal injury lawsuits, including environmental litigation. Call us today to arrange a free consultation with one of our attorneys so that you may learn about your rights and legal options as we collect the details of your case so that we may perform our thorough investigation into the matter.
Our attorneys work on a contingency basis, which means that if we cannot assist you or fail to resolve your case on your behalf, you will never be required to pay for our services. We only win if you do, and we will do everything we can to recover your damages.
Contact our law firm today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation review. All discussions with our law firm remain confidential through an attorney-client relationship.
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