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Chemical exposure occurs where someone has been injured because they came in contact with chemicals that have resulted in injury. People working in facilities with dangerous chemicals are going to be more likely to be exposed to them, but there are even cases where people in the past just happened to be in an area where a factory two doors down had a chemical leak, and the leak caused injury and hospitalization.
While they are not always easy to see, toxic chemical exposure can have serious effects and recovery, making experienced personal injury legal representation important. If you have suffered, you may be eligible for financial compensation with the assistance of a toxic chemical exposure attorney in New Jersey.
Some common chemical injuries are breathing problems, skin irritation, and sometimes severe burns. Toxic chemical exposure attorneys in New Jersey also see a lot of long-term effects from chemical exposure. One of the common ones that many people have heard of is asbestos poisoning, which can result in cancer down the road. Short-term effects that are seen early on include burns and breathing difficulties, but there can also be more severe long-term effects.
Filing a Claim
Every case would be different in determining the duty of care, and often many people are responsible. Often, a person is not dealing with just one entity but with multiple contractors and subcontractors in the same location, so it depends on the case how exactly to determine who is at fault.
If someone is injured due to toxic chemicals exposure, the case would fall under the guidelines of a premises liability case. A chemical exposure case may have unique technical requirements as far as experts and investigation. Many times, there may also be an OSHA claim where the place will be investigated, the claims that they would bring would be similar to a premises liability case.
New Jersey toxic chemical exposure attorneys will be able to argue for their client to receive punitive damages. It depends on whether a defendant acted recklessly or with gross negligence, and that requires a fact-sensitive analysis. If it is determined that someone put profits over safety and cutting corners, which resulted in this chemical exposure, attorneys would seek punitive damages to punish the facility or the defendant for their actions and inactions.
Damages are calculated by a jury, who would award the amount of money on that they feel would be fair to punish this defendant. Punitive damages can send a message to the defendant that their actions were unacceptable. There is no cap on the amount of those punitive damages that can be awarded.
Economic damages are damages that someone can actually put a number on, such as medical bills, lost wages, and out-of-pocket expenses. New Jersey toxic chemical exposure attorneys can help determine those damages. These damages are losses that someone may have after being exposed to chemicals, and those are certainly a part of the claim.
There are also non-economic damages, such as damages that are more difficult to put a firm number on. If an injury forces a plaintiff to be off of work for two weeks and they make $1,000 a week, their economic loss would be $2,000. With non-economic damages such as someone’s pain, suffering, the impact on their life –those require a subjective analysis, because everyone is affected differently by injuries. There is no cap on economic damages as well.