Do I have a case for emotional distress when I was exposed to toxic fumes
June 29, 2018
I have a disability, epilepsy. My neighbor began construction of her condo, and toxic fumes, airborne grey particles etc emanating to my studio apt. I complained many times to her and to have her contractor come and see. I had an attorney write s letter and she ignored never receiving it, but construction company insurance was aware.
I was exposed to this for five months, not only the damages to my kitchen, but it took another 5 to 6 months to re-mediate including expelling the fumes. I was paranoid and fearful every day that I might get seizures because I could not sleep, and I was lacking oxygen every night. I was also afraid that my job might be impacted . I filed a private nuisance, Tesla’s and enotional danages.
I retained an attorney who’s been lead down the path that don’t have evidence of iniurues. I didn’t think about seeing a psychiatrist then nor have I seen such. I was party of 9/11 and this unforgettable smell was too close to reliving those days. I’m more concerned what this might do in the future. Defendants did not produce documents if the products that they used alleging they don’t know.
My attorney is trying to settle but including toxic tort waiver.
Without actual medical reports that you developed a respiratory condition as a result of exposure, all you have are unsubstantiated, subjective complaints. I've handled toxic exposure cases, and a negative air quality survey by an outside consultant is usually needed.
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