Holding Negligent Parties Accountable for Toxic Chemical Brain Injuries

When we think of brain damage, we may think about what can happen with a concussion or the result of many years of playing football. We may associate toxic chemical exposure with shortness of breath or a skin rash. But common chemicals we may be exposed to may also cause life-changing harm to the human brain.

Satterley & Kelley, PLLC attorneys represent victims of accidental brain injuries, whether they’re caused by physical accidents or chemical exposure. We help them obtain compensation so they can make the most of their lives. If you or a family member is in this situation, contact us today to learn more.

What Is Neurotoxicity?

Neurotoxicity is the term for neurological damage due to exposure to natural or manufactured toxins. Your nervous system includes your nerves, spinal cord, and brain. When a toxic chemical gets into your body and damages any part of that system, it’s considered neurotoxicity, according to the Cleveland Clinic.

Some neurotoxic chemicals are artificial, like pesticides and industrial solvents. Others are natural substances our bodies can’t tolerate, like arsenic or carbon monoxide. Some of these substances and chemicals are dangerous in tiny amounts, while others may cause harm after large or repeated exposures.

Neurotoxicity can affect anyone at any age. Damage is often worse when it happens to babies and young children because their brains are still growing.

What Chemicals Are Toxic to the Brain?

There are hundreds of chemicals that can harm the brain reports the Cleveland Clinic. Some of the most common include the following:

• Heavy metals, including lead and mercury
• Carbon monoxide and arsenic
• Pesticides
• Industrial and cleaning solvents
• Manufacturing materials
• Endocrine-disrupting chemicals

Some of these chemicals are found in work places. Others are found in the environment or even in our homes. This is a partial list of neurotoxic chemicals and substances from the National Library of Medicine.

How Might I Be Exposed to These Chemicals?

Toxic chemicals may enter your body in three main ways:

• Inhalation
• Swallowing
• Absorbing them through your skin

You may be exposed in more than one way. If a neurotoxic chemical is splashed on you at work, it could get into your body in all three ways. If the chemical has no odor or taste, or is mixed in with other substances, you may be exposed without realizing it.

You might be exposed to brain-harming chemicals from:

• Traffic fumes, spraying of farmland, or industrial activity in your area
• Chemical spills due to accidents involving trucks or freight trains
• Your job, if you work in manufacturing, farming, construction, or other trades that use chemicals

Workers using these chemicals and substances face a particularly high risk of exposure, but many neurotoxic substances can be found in or around your home. Sources include the following:

• Old paint
• Tainted water and food
• Air pollution
• Herbicides and pesticides
• Gasoline

We’re all exposed to neurotoxic chemicals. Whether we’re injured by them, how seriously, and by which ones, are different questions.

What Injuries Can These Substances Cause?

Injuries from neurotoxic chemicals can affect your body and mind. Symptoms can show up right away or take weeks, months, or years to appear. Common physical symptoms include the following:

• Weakness or numbness in the legs or arms
• Headaches
• Problems with balance and coordination
• Muscle weakness, spasms, or twitching
• Trouble sleeping
• Vision problems
• Slurred speech

Common cognitive symptoms include:

• Memory loss
• Trouble focusing or paying attention
• Behavior or mood changes
• Cognitive decline (problems that worsen over time)
• Learning disabilities
• Depression and anxiety

The Cleveland Clinic suggests that if you show these symptoms, you should see a physician to determine their cause, which may or may not be neurotoxic chemicals.

How Severe Can These Injuries Be?

The severity depends on several issues, according to the Cleveland Clinic, including the following:

• Which chemical is involved
• How much of it you were exposed to
• How long the exposure lasted
• Your age
• General health

Symptoms may be barely noticeable. In severe cases, the damage can be permanent, disabling, or fatal.

Some survive chemical exposure but never fully recover. They may struggle with memory, working, or need help with basic tasks for the rest of their lives. Others fully recover after getting the right treatment.

This is a partial list from the National Library of Medicine of the kinds of effects and the number of substances that can cause them.

How Can I Prove a Chemical Caused My Brain Injury?

If you believe a chemical caused your brain injury, proving it is possible, but it takes the right evidence and expertise. To have a successful lawsuit against the parties believed to be responsible for your injuries, you’ll have to show the following:

• The chemical in question can cause your type of injury in human beings
• It’s more likely than not that this chemical caused your injury

Your case would also need to establish the defendant’s responsibility for your exposure. The key types of evidence used in these cases include:

• Medical records and tests documenting your diagnosis, symptoms, and the harm the chemical caused
• Blood, urine, or tissue tests that show the presence of the neurotoxic chemical in your body
• Evidence of where you worked or lived, and what chemicals were present
• Scientific studies and expert testimony linking the chemical to your type of brain injury

An important challenge in these cases is timing. Symptoms from chemical exposure may take years to appear. Evidence for your case may be more difficult to find by the time that happens.

Although evidence need not be overly precise, it must be sufficient to lead a jury to reasonably conclude that exposure caused by the defendant probably caused your injuries. Expert witnesses, such as doctors, toxicologists, and scientists, play a major role in explaining the science to the court in plain terms.

You May Have Legal Rights to Compensation

If you live in Kentucky and you or a family member has a brain injury that a toxic chemical may have caused, you may have the right to seek compensation. That compensation can help pay for medical care, lost wages, and other harm caused by your injury.

Satterley & Kelley, PLLC attorneys understand the science behind chemically caused brain injuries and know how to build cases that will hold the responsible parties accountable. We work with medical experts and scientists to connect your injury to the chemical that caused it.

Schedule a free initial consultation at our Louisville office by calling us at 502-589-5600 (toll-free at 855-385-9532) or by completing our contact form today.