What is the name of your state (only U.S. law)? California
I'm not looking for legal advice. I'm just looking for some information on existing California law. Concerning toxic tort, the statute used to run for two years, upon the suspicion that you might have been injured. I believe that this is now based upon the actual confirmation that your injuries can be attributed to toxic substances in the workplace. That much is good news.
More recently, I have heard that in the event that the toxic exposure came from an environmental source, that the statute in now ten years. The way I heard it, the precedent was the result of a case in Northern California, having to do with a business on or near the former site of a gold mining operation. Employees were exposed to toxics in the mine trailings/waste from the former operation. Can anyone direct me to where I can find this info, or at least confirm it's correctness? I'm already past the two-year statute, and I'm out of gas, if the ten year statute doesn't apply to me.
Also, I'm just wondering... Much of this sort of thing is the result of a ruling in a court of law, and it becomes law as a result. Has anyone ever tried to challenge this directly, by attempting to pass legislation to set a more realistic statute term? The reason is this... Say you discover that you are chemically injured, today, and the injuries can be attributed to your workplace. What do you do? You spend months and months, going from doctor, to doctor, to get diagnosed. Once you finally get to a doctor that speciallizes in toxic injury, you still have months of tests... blood tests, halter monitor and journalling, CAT scans, PET scans, MRI's, MRA's, and you finally get your diagnosis. Now you have to find a firm to take your case. For every law firm representing injured plaintiffs, there are ten that represent the corporations. So you contact every worker friendly law firm you can find, just to get rejection after rejection. More weeks or months pass. Then, one day, you finally find a law firm that feels your case has merit, and you get into the discovery phase, just to be told that you have exceeded the statute of limitations. Beating the two-year clock is nearly impossible. At least, this was my experience.
Any input would be appreciated. Thanks, The Bluesman
What is the name of your state (only U.S. law)?
I'm not looking for legal advice. I'm just looking for some information on existing California law. Concerning toxic tort, the statute used to run for two years, upon the suspicion that you might have been injured. I believe that this is now based upon the actual confirmation that your injuries can be attributed to toxic substances in the workplace. That much is good news.
More recently, I have heard that in the event that the toxic exposure came from an environmental source, that the statute in now ten years. The way I heard it, the precedent was the result of a case in Northern California, having to do with a business on or near the former site of a gold mining operation. Employees were exposed to toxics in the mine trailings/waste from the former operation. Can anyone direct me to where I can find this info, or at least confirm it's correctness? I'm already past the two-year statute, and I'm out of gas, if the ten year statute doesn't apply to me.
Also, I'm just wondering... Much of this sort of thing is the result of a ruling in a court of law, and it becomes law as a result. Has anyone ever tried to challenge this directly, by attempting to pass legislation to set a more realistic statute term? The reason is this... Say you discover that you are chemically injured, today, and the injuries can be attributed to your workplace. What do you do? You spend months and months, going from doctor, to doctor, to get diagnosed. Once you finally get to a doctor that speciallizes in toxic injury, you still have months of tests... blood tests, halter monitor and journalling, CAT scans, PET scans, MRI's, MRA's, and you finally get your diagnosis. Now you have to find a firm to take your case. For every law firm representing injured plaintiffs, there are ten that represent the corporations. So you contact every worker friendly law firm you can find, just to get rejection after rejection. More weeks or months pass. Then, one day, you finally find a law firm that feels your case has merit, and you get into the discovery phase, just to be told that you have exceeded the statute of limitations. Beating the two-year clock is nearly impossible. At least, this was my experience.
Any input would be appreciated. Thanks, The Bluesman
What is the name of your state (only U.S. law)?
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