Chemical Spill

[JamesWhitney]

Neither you nor the police can prevent the tank owner from retrieving the tank. You will need a court order. You already have soil and water samples being tested, correct?

The samples will are in the process of being tested. It takes 10 days to obtain the results.

 

[quincy]

The samples will are in the process of being tested. It takes 10 days to obtain the results.

Good. You will want those results plus any medical test results.

 

[JamesWhitney]

Update: PI attorneys are involved. I initially found an environmental attorney but he said this was beyond him and I need PI. They will be contacting the truck owner's attorney. If we are able to keep this out of court, can I sue the truck owner for my PI attorney costs?

 

[Zigner]

Update: PI attorneys are involved. I initially found an environmental attorney but he said this was beyond him and I need PI. They will be contacting the truck owner's attorney. If we are able to keep this out of court, can I sue the truck owner for my PI attorney costs?

No - your attorney fees are not compensable

 

[quincy]

Update: PI attorneys are involved. I initially found an environmental attorney but he said this was beyond him and I need PI. They will be contacting the truck owner's attorney. If we are able to keep this out of court, can I sue the truck owner for my PI attorney costs?

I am a bit surprised by the response you received from the environmental attorney but I am glad you have involved personal injury attorneys.

Speak to your attorney about his/her fees. Generally personal injury attorneys work on a contingency basis and are paid out of the damages awarded.

Thank you for the update.

 

[JamesWhitney]

I am a bit surprised by the response you received from the environmental attorney but I am glad you have involved personal injury attorneys.

Speak to your attorney about his/her fees. Generally personal injury attorneys work on a contingency basis and are paid out of the damages awarded.

Thank you for the update.

He said contingency is an option if it goes to litigation. However, their first step is for them to talk to his attorney and recommend filing an insurance claim to cover the damages. Then see what they decide to do from there.

 

[quincy]

He said contingency is an option if it goes to litigation. However, their first step is for them to talk to his attorney and recommend filing an insurance claim to cover the damages. Then see what they decide to do from there.

Ah. Okay.

A contingency payment arrangement should be available for a settlement as well.

Seeing how the insurer responds first, however, seems reasonable.