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Environmental Injury Attorney Fort Wayne

Fort Wayne, Indiana Environmental Injury Lawyer

Nobody should have to live in a building or work in a space in which they are being exposed to environmental hazards. Unfortunately, environmental hazards exist in many different areas throughout Indiana, and they can result in serious and sometimes fatal injuries. Environmental injuries can take many different forms, from immediate traumatic exposure to a toxic chemical to long-term effects of exposure to asbestos.

Given the nature of environmental injuries, it can take months or even years before a person knows that she has been exposed to a dangerous substance. As such, many plaintiffs do not even realize that they have suffered a serious harm until decades have passed since their exposure to the harmful toxin. If you recently developed an illness that may have resulted from exposure to a dangerous chemical or toxic substance, you should learn more about filing a claim by speaking with an experienced Fort Wayne environmental injury attorney.

What is an Environmental Injury?

Environmental injury law is a broad area of the law that deals with many different types of substances that can be dangerous to a person’s health and well-being. Generally speaking, environmental injury law falls under personal injury law, which allows plaintiffs to file claims against negligent or otherwise responsible parties for serious injuries that result from the use of toxic substances, the dumping of toxic waste, and other actions that can be harmful to a person’s health.

Sometimes environmental injury claims are discussed as “toxic torts,” which is a particular type of personal injury lawsuit in which a plaintiff alleges that her exposure to a hazardous substance caused injury. In some cases, toxic torts lead to class action claims involving dozens—and sometimes more—parties who have been similarly injured.

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Common Types of Environmental Injuries

While there are many different types of environmental injury claims, some common bases for lawsuits include but are not limited to the following:

  • Toxic waste dumping;
  • Contamination of groundwater near a plaintiff’s home or business;
  • Soil contamination;
  • Lead poisoning;
  • Lead exposure;
  • Asbestos exposure and mesothelioma;
  • Radon and lung cancer;
  • Exposure to hazardous waste materials;
  • Biological hazards;
  • Combustion gases; and
  • Exposure to certain types of pesticides.

What If I Am Partially to Blame for an Environmental Accident?

Plaintiffs often worry that they may be partially negligent, and that they will not be able to obtain compensation. For example, what if a plaintiff knew about symptoms of an environmental injury but waited to seek medical treatment, and the injury worsened?

Under Indiana law, a plaintiff is only barred from recovery if she is more than 50 percent responsible. As long as a plaintiff is less than 50 percent at fault, the damages award will simply be reduced by his or her percentage of the responsibility.

Areas We Practice

Other Practice Areas

At the Delventhal Law office, our Fort Wayne personal injury attorneys are committed to fighting for the rights and interests of accident victims. If you or a family member was injured because of the carelessness or recklessness of another party, we can help. Our Indiana personal injury lawyers handle a wide array of legal cases, including:

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What is the Statute of Limitations for an Environmental Injury Claim in Fort Wayne?

The statute of limitations sets the time window for filing a lawsuit. If a plaintiff fails to file a claim before the statute of limitations runs out, then she or he can be barred from obtaining compensation through a personal injury lawsuit. In other words, if you miss the deadline according to the statute of limitations, you will not be able to file a claim in court.

The statute of limitations for environmental injury claims in general can be complicated given the different types of lawsuits that may arise out of environmental hazards. Under Indiana law (Ind. Code. § 34-11-2-4), general personal injury lawsuits have a two-year statute of limitations. As such, any claim must be filed within two years from the date of the injury. However, given that some environmental injuries do not produce symptoms for many years, such as asbestos exposure, the Indiana Supreme Court has recognized an extended statute of limitations in cases like these. For instance, in Myers v. Crouse-Hinds Division of Cooper Industries, Inc. (2016), the Indiana Supreme Court determined that even 10 years is not enough time for some asbestos and mesothelioma claims. To be sure, some healthcare providers argue that mesothelioma may not develop for 20 years after exposure to asbestos.

You should speak with an environmental injury attorney in Fort Wayne as soon as possible to determine how much time you have to file your claim. The sooner you speak with an advocate, the sooner you may be eligible to receive compensation.

Seek Help from an Environmental Injury Attorney in Fort Wayne, Indiana

Were you injured by exposure to a toxic or hazardous substance? You may be eligible to seek financial compensation by filing an environmental injury claim. An aggressive Fort Wayne environmental injury lawyer can examine the facts of your case and can discuss your options for moving forward with a lawsuit. Contact Delventhal Law Office LLC to learn more about how we can help with your case.