An individual’s ability to sue the responsible person or parties for exposure to a dangerous chemical basically depends on the statute of limitations of the state they are in. Statute of limitations is “any law that bars claims after a certain period of time passes after an injury. The period of time varies depending on the jurisdiction and the type of claim”; according to the Cornell Law School Legal Information Institute. The definition also states that the statute of limitations “begins to run from the date of the injury or the date it was discovered or the date of which it would have been discovered with reasonable efforts.” Regarding dangerous chemicals exposure the discovery rule can extend the time the victim has in order to initiate the claim and one of the primary factors is the diagnosis of the condition. It must be noted that there are a number of chemicals that employees are exposed to while working for a company. Such chemicals may have protected containers or are kept in a liquid or solid substance away from workers. However, when safety protocols are violated these dangerous chemicals can and often cause harm to employees by way of skin contact, inhalation or ingestion. “Depending of the effect that the chemical has on the employee or individual, injuries may be discovered within a matter of days, weeks, months or even years. For example, injuries suffered from workers exposed to asbestos can take decades to be discovered and diagnosed.”
Depending on the type of chemical as well as the level of exposure and harm suffered by individuals a class action lawsuit may be brought against the defendant. Such an action will be initiated by a lawyer for the primary plaintiff and usually will accept other active participants in the claim.
Exposure to a toxic chemicals outside of the employment allows the individual to file a personal injury claim. A Crowson Law Group attorney explained; “In toxic tort it may be required that the claim begin within two years of the injury having occurred, in accordance to the statute of limitations in Alaska. Note that it does not matter if you are exposed to the toxic substance ten years ago as long as you discover the injury caused by the exposure today, you have two years to file your claim.” This is what is referred to as the discovery rule. Despite the statute of limitations when a disease affects an individual and he or she remains unaware of the medical condition until symptoms appear, then the statute of limitation will begin at the time the individual discovers his or her injury or after the individual receives a diagnosis from a doctor.
One article stated that, “Once the investigation starts after the lawyer becomes part of this process, it is often possible to determine who is responsible for the exposure to the dangerous chemical. Then, through diagnosis and treatment information, the legal team can explain the calculated damages necessary for compensation to help the victim recover appropriately.”
For legal advice and representation in personal injury matters contact an accident attorney in Alaska.
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