Toxic Exposure Lawsuit Guide - Washington

When someone falls ill, there are several issues that come to the forefront. The patient must be properly and accurately diagnosed, a prognosis and course of treatment must be formulated, the recovery process must begin in earnest and pinpointing the possible cause for the illness should be successfully completed.

This is particularly true in cases of wrongful toxic exposure. As you will see below, this can be a difficult process within this context, and especially so when a legal claim should arise from this result. Below are those challenges that exist within this scenario and why working with an attorney will help you gain an understanding of toxic exposure litigation and how an attorney can help you hold those responsible for your condition accountable.

Challenge One – Diagnosis

Many conditions that result from toxic exposure are exceedingly rare and can only be caused by exposure to particular substances. However, many of the symptoms that are associated with these resulting conditions are quite common on the surface level, and this can lead to an inordinate amount of inaccurate diagnoses.

When a diagnosis is not accurate, it not only wastes time and money, but it also can provide the condition more time to advance itself. In certain cases, such as with asbestosis or lung cancer, the longer it takes to discover only leads to a more difficult recovery if one is even possible by the time the condition is identified.

Challenge Two – Tracing the Cause

After a diagnosis has been obtained, the next step is identifying the cause. This can also be difficult, as certain conditions such as mesothelioma can take years if not decades to manifest themselves physically. There have been cases where patients have contracted mesothelioma 60 years after exposure to asbestos.

What this boils down to is that the patient must eventually be able to remember when he or she could have been exposed to a particular toxic agent. Many toxic substances are largely colorless, odorless and microscopic in size, and if employers or those responsible do not tell workers about the risks of exposure, the patient may never realize the danger that he or she encounters on a daily basis.

Challenge Three – Establishing Responsibility

After the cause has been identified, the next step is identifying who was responsible for this exposure and how that entity’s conduct helped to cause the resulting health condition. For instance, if a former employer did not tell the workers about the risks and did not take preventative or protective steps on behalf of the workers, this could lead to exposure to liability if the employer knew or should have known about those dangers.

If a lawsuit arises as a result of this exposure, one of the most common defense strategies is to claim that the employer was not and could not have been aware of the risks at the time the exposure occurred. Asbestos is a valid example, as it was not until the last 30 years that people began to realize the dangers associated with this substance.

Challenge Four – Proving Liability

Proving that some other party is responsible for the plaintiff’s toxic exposure will also require the help of an experienced and skilled toxic exposure attorney. The reason is that proving this liability will involve expert testimony from medical professionals and possibly scientific experts who will need to trace the plaintiff’s condition to the exposure that allegedly led to it.

As a result, the defense will almost undoubtedly present its own expert that will likely testify that the alleged exposure did not in fact lead to the resulting medical condition, which means that your attorney will need to be able to cross-examine that expert in order to impeach his or her testimony effectively.

Lawsuit Guide to Washington Toxic Exposure

As you can see, while liability has and certainly should attach to the parties responsible for toxic exposure in many cases, it requires experience, skill and technical knowledge of both the law and strategic trial tactics. If you or someone you love has been harmed by exposure to toxic substances, contact the attorneys at Phillips Webster today to schedule a free initial consultation.