Compensation for Toxic Exposure Injuries in Tulsa, OK
Toxic exposure cases are unlike any other personal injury claim. Diseases linked to exposure often develop long after the contact ended. The cause may be invisible. The defendant may be a massive corporation. An attorney experienced in environmental and occupational exposure claims knows how to build cases science doesn’t always make easy.
What Counts as Toxic Exposure?
The category includes harm from toxic substances of any type. People are typically exposed via breathing the substance in, ingestion, dermal absorption, or direct penetration.
Common Sources of Toxic Exposure Claims
- Asbestos fibers
- Benzene from petroleum products, solvents, or industrial processes
- Silica dust
- Lead from paint, water, or industrial sources
- “Forever chemicals”
- Talc and talc-based products
- Agricultural chemicals
- Industrial solvents
- Diesel exhaust
- Mycotoxin exposure
- Drugs causing unexpected toxic effects
- Polluted drinking water
- Welding fumes
How Toxic Exposure Causes Disease
Different toxins damage the body in different ways.
Cancers
Toxic substances frequently cause cancer. Cancers linked to specific exposures include bladder cancer from certain industrial chemicals.
Respiratory Diseases
Airborne substances produce occupational asthma.
Neurological Damage
Substances affecting the nervous system can cause developmental delays in children.
Organ Damage
Liver and kidney toxicity from substances the body tries to eliminate.
Reproductive and Developmental Effects
Endocrine-disrupting chemicals can cause developmental disabilities in children exposed in utero.
Skin Conditions
Contact dermatitis from dermal exposures.
The Latency Problem
Most toxic exposure diseases don’t appear immediately.
Typical Latency Periods
- Mesothelioma typically appears 20 to 50 years after asbestos exposure
- Benzene-related leukemia may emerge years after the relevant contact
- Silicosis can take many years to develop
- Carcinogen-induced cancers typically develop years after exposure
Latency drives several distinctive issues.
Statutes of Limitations and the Discovery Rule
Toxic exposure claims require special rules. Most jurisdictions, including OK, apply some version of the discovery rule.
Under the discovery rule the statute of limitations doesn’t begin running until the victim discovers or reasonably should have discovered both the injury and its connection to the exposure.
Disputes about discovery rule application are common. Insurers regularly assert the victim should have discovered the connection earlier.
Proving Causation Is the Central Battle
General Causation
At a general level, can this exposure cause this kind of harm? This is established through epidemiological studies.
Specific Causation
In this specific case, did the exposure cause this individual’s injury? This element looks at the plaintiff’s individual medical history and risk factors.
Daubert and Expert Witness Challenges
Toxic tort cases live and die on expert testimony. Defense counsel aggressively challenges expert qualifications and methodology. Surviving these challenges requires careful preparation.
Categories of Toxic Exposure Cases
Occupational Exposure
Industrial worker claims frequently can pursue both employer and product manufacturer claims.
Environmental Exposure
Neighborhoods near industrial facilities can pursue toxic tort claims against polluters.
Product Liability Exposure
Consumer products containing harmful substances support product liability claims.
Premises Exposure
Occupants exposed to toxins on premises can bring claims against property owners.
Drinking Water Contamination
Contaminated municipal or private water supplies are increasingly significant.
Who Can Be Liable?
Toxic exposure liability often spreads across many defendants:
- Producers of the hazardous product
- Suppliers and distributors
- Companies operating workplaces
- Property owners with contamination on their land
- Industrial polluters
- Tradespeople
- Government entities (in some cases)
Common Insurance and Defense Tactics
“Other Exposures Caused This”
Insurers point to confounders including other workplace exposures.
“The Exposure Was Too Low”
Arguments about exposure levels dispute whether the dose reached a threshold to cause the disease.
“The Science Isn’t Established”
Defendants attack the scientific basis are common, especially for exposures with less scientific history.
“Statute of Limitations Has Run”
Discovery rule disputes are routine.
Damages in Toxic Exposure Cases
Recoverable losses include ongoing pulmonary care, career-ending wage damages, pain and suffering, wrongful death in fatal cases, surveillance for at-risk individuals, and enhanced damages often substantial in cases involving knowing concealment of hazards.
Attorney Costs
Counsel in this area work on contingency. Significant litigation expenses are typical fronted by counsel.
Don’t Assume It’s Too Late
The age of the exposure doesn’t necessarily defeat the claim. Under the discovery rule, the relevant deadline may not have run. Consulting with counsel determines whether your claim is still viable. There’s no cost to find out.