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If you are suffering from an illness or disease caused by soil contamination, our specialist personal injury lawyers may be able to help you claim compensation. Contact us today on 0800 032 8511 for claim advice, or by completing a claim enquiry form.
When Does Soil Contamination Occur?
What if I Have Been Injured by Soil Gas Vapour?
Compensation for Illnesses Caused by Soil Contamination
Specialist Soil Contamination Claim Advice
Soil contamination refers to the presence of man-made chemicals or substances in soil. There are a number of reasons why soil may be contaminated. Most commonly, this occurs when the soil is not properly and fully cleansed before a former brownfield site is developed. Other causes are the use of pesticides, leaks from waste sites or underground storage tanks and isolated spillage accidents.
Industrial contamination can also cause soil gas vapour to be released, which can include such dangerous substances as TCE and PCE. Soil gas vapours can cause various health problems, including cancers in severe cases.
Some of the substances that can contaminate soil include pesticides (including organophosphates), benzene, chromium, mercury, toluene, dioxins, solvents, lead and hydrocarbons. Dependent upon the type of substance that a person is exposed to through contaminated soil, and the level of exposure, there are various health effects that can occur.
If you believe that you may have been affected by soil contamination, you may be able to being a claim for compensation against the responsible party.
This could have occurred through working conditions, in which case the Control of Substances Hazardous to Health Regulations 1988 (COSHH) will apply, or under other circumstances.
Anyone who has been exposed to an irritant or hazardous substance and suspects that this may have caused a personal injury or disease, should seek medical advice immediately. 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.
If a family member has died from a disease caused by exposure to soil contamination, it may still be possible to make a claim posthumously.
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, look after your garden, walk the dog, 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 illness or injury, so that these can be reclaimed. The aim is to put you back in a position financially as if the exposure to contaminated soil had never occurred.
At The Legal Line, our lawyers specialise in all areas of personal injury, including claims for industrial diseases and illnesses caused by pollutants and hazardous substances.
They can provide expert advice and assistance in reviewing your case and working towards the best possible outcome.
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