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Environmental Health and Toxic Torts

The Legal Line's personal injury lawyers specialise in personal injury compensation claims and have extensive experience in toxic tort cases.  Call us today on 0800 032 8511 for advice, or by completing a compensation claim enquiry form.  If you or a family member is suffering an injury or illness caused by someone else, our lawyers could help you to claim damages.

What is an Environmental Health Claim?

Who Can Make a Toxic Tort Claim?
How to Begin a Toxic Tort Claim
Compensation
Specialist Toxic Tort Advice From our Lawyers

What is an Environmental Health Claim?

There are a number of circumstances under which environmental health claims, or toxic torts as they are often known, may arise.  For example, claims regarding personal injuries caused by industrial, chemical or radioactive waste, fumes, dust and gases, water or soil contamination, spillages, or even noise pollution, would fall into this category.

It is possible that, if you or someone close to you has been unfortunate enough to suffer an injury, illness or disease as a result of something present in the environment, you may be able to enter into a claim for compensation in respect of the damage suffered.

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Who Can Make a Toxic Tort Claim?

In some cases, the illness or injury may be caused by working conditions. Employers have to comply with certain regulations relating to safety in the workplace, including the Control of Substances Hazardous to Health Regulations (COSHH) 1988. If they fail to do so, and you suffer a personal injury or industrial disease as a result, this may give rise to a claim against an employer.

Other exposure could occur, for example, through pollutants in the air or sea or on land. Pollution can arise from industrial processes, agrictulture, or isolated accidental incidents.  Exposure to hazardous substances or materials can also happen due to construction, fires (particularly those involving factory and commercial premises, or industrial plants) and demolition works, for example contact with asbestos.

It may also be possible to make an environmental health claim if you have suffered food poisoning or legionnaire's disease due to the negligence of someone else.

Whatever the case, any claim would be made against whoever negligently exposed you to a dangerous substance.

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How to Begin a Toxic Tort Claim

In order to establish whether a personal injury claim can be made, it is necessary to collect as much detailed information as possible.  In every case, medical evidence will be required.  Detailed expert evidence is often also required in disease cases to show that the condition suffered by a claimant was caused by exposure to a particular substance.

In any personal injury claim it is necessary to show that the person you are making a claim against owed you a duty of care, that they breached that duty of care (were negligent), and that the injury you sustained was a reasonably foreseeable consequence of that negligence.  It may also be possible to sue in Public Nuisance for any damage or loss suffered and there may be strict liability(i.e. no defence by the person responsible for the harmful exposure or escape of the noxious substance).

Therefore, if you believe that you may be entitled to make a compensation claim, it is important that you seek medical advice, making sure that your doctor/s are made aware of the circumstances, and keeping a record of your symptoms and any treatments.  You should also retain any evidence to support the exposure, together with details and receipts of any personal expenses that have arisen as the result of your injury or illness, as it may be possible to reclaim these at a later date.

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Compensation

There are two elements to a compensation award.  The first is for the pain and suffering you may have gone through and what is known as loss of amenity.  This is called general damages and can include an award for your inability to do things that you used to be able to do before (eg wash your car, continue with hobbies, household chores etc).  The award for loss of amenity can be for a short period or for ever if that is what the medical evidence supports.

The second element of a compensation award is for your losses and expenses and is known as special damages.  It is important to keep receipts for any expenditure you have related to your injury or illness, so that these can be reclaimed.  The aim is to put you back in a position financially as if you had never been exposed to the hazardous substance.

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Specialist Toxic Tort Advice from our Lawyers

At The Legal Line, our specialist personal injury lawyers are experienced in all areas of personal injury, including claims for industrial diseases, so can provide you with expert claim advice, assistance and guidance on your potential case. 

This service is offered on a completely cost free, risk free basis to all of our customers, as our solicitors are able to reclaim their costs from the insurance company of the responsible party, following the claim.

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