Mercury is used in many industrial applications and is the only liquid metal at room temperature. However, exposure to mercury can be dangerous or even fatal if you or a loved one is exposed to mercury and suffers injuries. An attorney can determine how the mercury exposure occurred and establish whether you have a case against the person or the company that exposed you to mercury.
Understanding Mercury
Mercury is a naturally occurring substance that can be present in animals, plants, and throughout the environment. Through human activities, naturally occurring mercury can be released into the environment. Some of the common examples of how mercury can be released into the environment through human activities include:
- Municipal waste combustors
- Coal-fired electrical utilities
- Hazardous waste combustors
- Medicinal waste incinerators
What Mercury Poisoning Entails
Mercury poisoning or other forms of heavy metal poisoning occur when a person is exposed to high levels of heavy metals. Other heavy metals that can lead to poisoning include cadmium, lead, and others. Mercury poisoning can occur through inhalation, ingestion, or skin exposure. Mercury is toxic, and when it accumulates in the body for some time, it can lead to several health issues. The leading cause of mercury poisoning is the ingestion of mercury-containing foods, including fish or shellfish. Imported medication can also contain mercury and can cause poisoning if ingested.
Other less common sources of mercury include:
- Dental fillings
- Fluorescent light bulbs
- Broken mercury thermometers
Exposure to higher mercury levels can lead to neurological conditions like:
- Headaches
- Insomnia
- Limb numbness
- Uncoordinated movements
- Convulsions
Even at low levels, mercury exposure can cause brain damage. If a pregnant woman is exposed to mercury poisoning, birth defects can occur.
Effects of Mercury Poisoning on the Human Body
Heavy metal accumulation in the human body can cause different health issues and toxic effects. The effects of the heavy metal poisoning will depend on:
- The type of heavy metal
- The victim’s age and overall health
- The level of exposure
The leading effects of Mercury poisoning include:
Neurological Issues
Heavy metals like mercury can cause damage to a person’s brain or nervous system. The leading symptoms include the following:
- Seizures
- Tremors
- Behavioral changes
- Cognitive impairment
Renal Problems
Exposure to mercury can lead to kidney damage. This can lead to compromised kidney function and, in serious cases, kidney failure.
Reproductive Problems
Exposure to heavy metals like mercury can affect your reproductive system. This can lead to birth defects and infertility.
Cardiovascular Complications
Exposure to mercury has been linked to cardiovascular issues. It can lead to problems like the following:
- Stoke
- Heart disease
- High blood pressure
Gastrointestinal Issues
Heavy metals can also cause gastrointestinal issues, such as:
- Abdominal pain
- Nausea
- Diarrhea
- Vomiting
The Leading Causes of Heavy Metal Poisoning
People who work in certain industries or environments are at a higher risk of mercury poisoning due to exposure through ingestion, skin contact, or inhalation. People who work in these industries are at higher risk:
- Mining
- Electronic waste recycling
- Battery manufacturing
- Smelting
Exposure to mercury can also occur due to pesticide runoff, industrial waste, or contaminated drinking water. Certain foods, like fish, can also contain high levels of mercury. In addition, certain dietary supplements like Ayurvedic medicines and herbal remedies can contain mercury. Dental fillings made of silver amalgam contain small amounts of mercury that can leak into the body over time.
Some consumer products, like cosmetics, jewelry, and toys, can contain heavy metals that can be absorbed through the skin or ingested through the mouth. These are the main ways through which heavy metal poisoning can occur. However, heavy metal poisoning can happen to any person of any age and at any time, irrespective of their lifestyle or occupation.
The Symptoms of Mercury Poisoning
Understanding the symptoms of mercury poisoning is important because it can help you know that you have suffered heavy metal poisoning. The symptoms of heavy metal poisoning include:
- Headaches
- Nausea and vomiting
- Weakness or fatigue
- Muscle/joint pain
- Abdominal pain or cramping
- Diarrhea
- Tremors and seizures
- Mood disorders like depression and anxiety
- Cognitive problems like confusion and memory loss
- Impaired kidney function
- Skin rashes or irritations
- Peripheral neuropathy that includes numbness, tingling, or pain in the extremities
The symptoms can manifest immediately after you are exposed to high levels of mercury. In other cases, the symptoms can develop over a long period of time. In serious cases, the mercury damage can lead to organ damage, and this could be life-threatening.
Given that heavy metal poisoning can lead to organ damage, failure, or even death, you should not ignore heavy metal poisoning. Seek medical treatment as soon as possible if you have been exposed to heavy metals or you suspect that you are suffering from heavy metal poisoning.
Health professionals will perform the necessary tests to determine whether heavy metals are present and recommend appropriate treatment options. Treatment for heavy metals includes removing the source of exposure. Experts also use chelation therapy to remove the heavy metals from the victim’s body.
With the prevalence of mercury poisoning, you can even test for mercury poisoning at home. Home test kits exist, which can help you if you suspect that you have been exposed to mercury. The kits come with full instructions on usage.
Potential Liable Parties for Mercury Poisoning
Several parties could be held responsible for mercury poisoning, but this depends on the facts of a case:
- Your employer could be liable if you are exposed to mercury at the workplace. All employers have a legal duty to maintain a safe workplace and ensure that employees are not exposed to harmful substances.
- Manufacturers of products containing heavy metals, like cosmetics, toys, and jewelry, could also be liable if their products cause mercury poisoning.
- In some cases, a healthcare provider could be liable for failing to properly diagnose and treat mercury poisoning.
- A government agency can be liable for failing to regulate heavy metal usage or failing to take action to prevent exposure to mercury.
The Compensation You Can Obtain in a Mercury Poisoning Lawsuit
If you have suffered mercury poisoning, there are some legal remedies available to compensate you for your damages.
Personal Injury Lawsuit
You can file a personal injury lawsuit against the parties liable for your injuries. Parties that could be responsible for your exposure to mercury include your employer or a manufacturer. You can recover the following damages:
- Medical expenses — You can seek compensation for all the medical expenses incurred as a result of the mercury poisoning. Medical expense compensation covers your past bills, future treatments, and rehabilitation costs. Some of the specific medical expenses include past medical care, including ambulance fees, hospital stays, emergency room visits, surgeries, and doctor appointments. You will also be compensated for diagnostic tests like MRI’s, CT scans, X-rays, and laboratory work. You can also seek compensation for medications and equipment, including over-the-counter treatments, prescription medication, crutches, and wheelchairs. Your attorney can also help you to seek compensation for future medical needs, including ongoing nursing care, long-term physical therapy, or surgeries.
- Lost wages —Lost wages compensation covers the money or the income you did not earn because the injury from mercury poisoning kept you from working. This damage can include basic salary, your hourly pay,y and benefits. You can also claim your paid time off, including vacation time and sick days, used during the recovery. Extra earnings like bonuses, overtime pay, and commissions can also be claimed. You must provide evidence when claiming lost wages. Some admissible evidence includes pay stubs showing your normal earnings, your employment letter or official confirmation of your salary, your job duties, and the days of work you missed. A medical proof would come in handy, whereby the doctor outlines that you could not work during your recovery. You can also provide tax return documents or invoices if you are self-employed.
- Pain and suffering — Compensation for pain and suffering covers the physical discomfort and the emotional distress as a result of the injuries caused by mercury poisoning. It is calculated using several methods, like the daily rate and the multiplier method, and proven using evidence like personal journals and medical records. This is a non-economic award that addresses the impact of an injury that spans beyond income and medical expenses. It covers physical pain due to body harm during or after the accident. It also covers the mental anguish, including anxiety, fear, grief, or sleep loss due to your injuries.
- Loss of consortium — Loss of consortium is a non-economic damage for the loss of affection, companionship, and intimacy. It is filed by the uninjured spouse or a family member when a loved one suffers severe injuries or is killed due to another person's fault. Loss of companionship refers to the loss of care, love, and comfort inside the home. Loss of intimacy refers to the long-term or permanent reduction in sexual affection and relations. Loss of assistance refers to the loss of household help with daily chores, family management, and child care. When determining this compensation, the court considers several factors, including the severity of the injury, medical evidence, dependency, and the strength of the relationship.
- Wrongful death — If a victim of mercury poisoning dies, the surviving spouse or children and other family members can file a wrongful death compensation claim to recover the lost financial support, lost companionship, and funeral costs.
- Loss of enjoyment in life — Loss of enjoyment in life compensation is a non-economic damage that pays you if you are unable to engage in sports, hobbies, or tasks that you used to love before the injury. It differs from physical pain compensation, and you can prove it using photos, medical records, and witness statements.
Product Liability Lawsuit
A product liability claim for mercury poisoning in Nevada involves holding manufacturers, retailers, or suppliers accountable under strict liability law for failing to warn of toxic exposure from their products. Some sources of mercury include skin-lightening creams, broken medical devices, and contaminated seafood. Manufacturers or distributors can be held liable if they introduce a product into the market that is unreasonably defective or dangerous. Companies can be liable for failing to provide clear and reasonable warnings before exposing consumers to chemicals known to be toxic or poisonous. These products include high mercury cosmetics for the face. A lawsuit can also arise if a product is introduced to the market and fails to meet explicit or implicit safety promises regarding its consumption.
You can file this lawsuit against the manufacturer of the product that contained mercury, which caused the poisoning. This lawsuit seeks compensation for your damages and holds the manufacturer liable for releasing a dangerous product into the market.
Worker's Compensation Claim
Under Nevada law, mercury poisoning is recognized as a qualifying occupational disease. To secure compensation, you should report the mercury exposure to your employer within 7 days of discovering the poisoning and file a compensation form with the treating expert within 90 days. To qualify for workers' compensation, you must consult a qualified doctor who should examine you, diagnose the mercury poisoning, and link your mercury levels or symptoms to the workplace environment. After you report the illness to the employer and you see a doctor, the worker’s compensation insurance provider will have 30 days from the receipt of your claim to approve or deny it.
Some of the benefits that you can access under a workers’ compensation claim include:
- Medical expenses
- Disability benefits
- Lost wages
Government Compensation
You can pursue compensation from the government if you suffer mercury poisoning under certain circumstances, such as while in the military.
To increase your chances of recovering the compensation you deserve, you should seek the services of an experienced person or injury attorney to help you file a lawsuit. The liable parties are often quick to deny liability. Therefore, if you choose to go it alone, you will likely face attorneys from the liable parties, and you might end up missing out on the compensation you deserve.
Steps to Follow When Filing a Lawsuit for Mercury Poisoning in Nevada
Filing a lawsuit for mercury poisoning compensation in Nevada involves seeking immediate medical care, identifying the source of mercury exposure, and filing within the strict legal timelines.
Obtain Medical Care Compensation
Ensure that you visit a doctor to be tested for mercury levels in your blood or urine immediately if you suspect that you have been exposed to mercury, and ensure that you follow all the recommended treatments, including chelation therapy. Keep a record of all your medical records, including the medical bills incurred, your test results, doctor notes, medical receipts, prescriptions, and your evidence of travel to medical appointments. Connect the cause, which involves asking your doctor or occupational health expert to document the link between your symptoms and the mercury exposure.
File a Lawsuit Based on the Exposure Type
If the exposure occurred in the workplace, you should report the incident to your employer immediately and complete the relevant forms to commence a workers' compensation claim. You can seek legal guidance for complex cases. You can find a product liability or property exposure lawsuit if the exposure resulted from tainted skin creams, contaminated fish, or other unsafe property conditions. Ensure that you have photos of the product packaging or the hazardous environment.
Comply with the Legal Deadlines
When filing a lawsuit following mercury poisoning, you must ensure that you comply with the statute of limitations. In Nevada, the statute of limitations is 2 years from the date of exposure or suffering the injury or from the date when you discovered the mercury poisoning. If a government agency is responsible, you must file a formal administrative notice, usually within six months of the poisoning. Consult an attorney, preferably one who handles cases on a contingency basis.
How an Attorney Can Help In a Mercury Poisoning Lawsuit
An attorney can come in handy in a mercury poisoning lawsuit by determining the source of the exposure, gathering the relevant medical and scientific evidence, and pursuing financial compensation.
Finding the Source of Mercury Poisoning
Your attorney can help you pinpoint how or where you came into contact with mercury, such as workplace spills, contaminated fish, or industrial emissions.
Working with Experts
Your attorney can partner with experts such as medical professionals and toxicologists to link your symptoms directly to exposure to mercury.
Proving Liability
Your attorney will gather the necessary evidence by collecting safety data and test results, and examining the regulatory limits set by different agencies, like the EPA, to prove that your employer or the property owner broke the law.
Pursuing Compensation
You must tally your past and future medical bills, lost wages, pain and suffering, and other damages when seeking compensation. Your attorney will negotiate settlements by talking with insurance companies and corporate legal teams to seek a fair payout for your damages. You will also require legal representation in court while filing a formal lawsuit, and your attorney will present your case before the judge or jury if a fair settlement cannot be reached out of court.
Find an Experienced Personal Injury Attorney Near Me
Mercury poisoning can have devastating consequences, to the extent of causing death. If you suffer mercury poisoning through no fault of your own, you can file a lawsuit to seek compensation for your damages. If you need expert legal guidance and representation in filing a mercury poisoning lawsuit, contact the Las Vegas Personal Injury Attorney Law Firm. Call us today at 702-996-1224 to talk to one of our attorneys.
