Emotional Distress From Exposure To Toxics

Authored by , LegalMatch Law Library Managing Editor and Attorney at Law

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We are all exposed to toxic chemicals everyday.  They may be found in our homes, water, and workplaces.  Toxins are poisonous to our bodies, and if we are exposed to high doses of them, we can develop serious illness or even die.

Common Toxic Substances

Common toxic substances include:

Can I Recover For Exposure To Toxic Chemicals?

Most states allow recovery for exposure to toxic substances caused by the negligence of another.  There are two ways to recover, either for:  

Increased Risk Of Developing A Future Disease

To recover for the increased risk of developing a future disease, some states require the risk of developing the disease be more probable than not, or over fifty percent.  Other states will consider the potential of future problems and will consider how much your risk has increased in determining your damages.  You may also be able to recover for the costs of medical monitoring if monitoring is necessary and would make early detection and treatment possible.

Emotional Distress 

To recover for emotional distress from the increased risk of contracting an illness or condition, you must show that the disease or condition is reasonably certain to follow and that your emotional distress is reasonable.  The emotional distress must also be a foreseeable result of the injury, meaning that the distress is the natural consequence of or reasonably expected to flow from the injury.  

Should I Consult An Attorney About My Exposure To Toxics?

Recovery for exposure to toxics can be complicated and difficult to prove.  Depending on the facts of your case, a personal injury lawyer or a class action lawyer can help you recover compensation for your injuries.

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Last Modified: 06-09-2014 11:13 AM PDT

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