Environmental Personal Injury Claims
Hazardous pollutants or toxins may take years to manifest as physical injuries or illnesses. A family member that works on construction sites who unknowingly comes into contact with asbestos may develop cancers or other life-threatening illnesses over time. Or, a child who becomes exposed to toxins in the home as they are developing can lead to lung or even brain damage as they progress into their childhood. These are only some of the devastating events that millions of Americans are faced with every day due to exposure to environmental toxins.
If you or a loved one have suffered personal injuries due to environmental damages, don't take on the insurance companies alone. At Morgan & Morgan, we have over 30 years of experience fighting for the People. Contact one of our environmental personal injury attorneys today to learn more about how we can help you.
What Is an Environmental Personal Injury Case?
Suppose a company had been using a plot of land as their disposal site for their toxic waste over the last few years. Eventually, this company sells or refuses to disclose the history of the area to new tenants. While at first, the tenants may not notice any of the harmful elements around them, they may begin to develop symptoms that appear to be out of the ordinary over time. Eventually, those symptoms turn into injuries or severe illnesses, and in the worst-case scenarios may even lead to the loss of life. Environmental, personal injury cases help those who were unknowingly exposed to hazardous elements hold those negligent parties accountable for their actions, as well as helps prevent future residents from potentially becoming victims.
If you or a loved one have been injured or diagnosed with a life-threatening illness after being exposed to hazardous elements, our attorneys may be able to help you.
Who Is Liable for Your Injuries?
When filing an environmental personal injury claim, victims must be able to prove the following events have occurred in order for their case to move forward with liability claim:
- Exposure to an Environmental Hazard: The victim must be able to provide evidence that they were exposed to the environmental hazards. These include but are not limited to contaminated soil, groundwater, or air, as well as other variables such as lead paint or asbestos. In some cases, an expert may be consulted to establish validity.
- If You Were Unaware of the Exposure/Unable to Avoid It: Along with proof of exposure, the victim must be able to prove they were unable to avoid coming into contact with the hazardous substances, as well as being unaware of its presence in your home or community. If they had prior knowledge of the toxic substances and knowing risked exposure, it may be difficult to hold anyone else liable for their damages.
- You Were Not the Cause of the Environmental Hazard: Victims must not have been the ones to have created the dangerous environment. If they were the direct cause, the only ones liable for their injuries, and the injuries of others, would be themselves.
- If the Defendant Was Responsible for Your Injuries: There must be evidence that supports that the defendant was liable for your injuries.
How Can an Attorney Help?
Insurance companies or large corporations may not have your best interest at heart when it comes to you and your loved one's safety. When you go to put in a claim to your insurance company, and you are denied or given a low ball estimate for your severe damages—that’s where we come in. When you hire us, our team will get straight to work on your case. Your attorney and legal team will gather evidence and consult with experts to build the strongest possible case. Your attorney will then negotiate outside of court with the defendant in order to secure your full and fair compensation. Typical forms of compensation our clients typically receive after an environmental personal injury lawsuit include but are not limited to:
- Loss of consortium: Those surviving family members may be awarded compensation for the loss of companionship as well as any aid they may have received from the victim.
- Pain and suffering: Designed to compensate the victim for any physical pain caused by their injuries, as well as emotional distress like fear, depression, anxiety, and other mental sufferings they might endure.
- Lost wages/earning capacity: Due to your illness or injuries, you may be forced to take time off from work. This can leave you unable to work as much as you would usually, or stop working altogether. If left unable to earn the same amount as you did prior to your injuries, you may be able to claim compensation for diminished earning capacity.
- Medical expenses: compensation is awarded to cover doctor visits, hospital stays, transportation, physical therapy, assistive devices, prescription drugs, and other costs associated with your injury in the past or future.
However, if they are unsuccessful in negotiations, your attorney is prepared to represent you in court.
Can I Afford an Attorney?
At Morgan and Morgan, our team strongly believes that everyone should have access to affordable legal representation regardless of their financial situation. Our attorneys work on a contingency basis, meaning there are zero upfront costs, and you don’t pay us anything unless we win your case; any fees we charge come out of your settlements and never out of your own pocket.
Contact a Lawyer Today
At Morgan & Morgan, we know how difficult it is to get back on your feet after suffering from a personal injury. For over 30 years, our firm has been helping victims of environmental injuries just like you get the compensation they deserve. If you or a loved one has been injured due to an environmental issue, we may be able to help.
To get started, please fill out our free no-obligation case review form today to have one of our environmental personal injury attorneys assess your case.