Damages

Personal Injury

Engineered stone workers who are injured due to exposure to silica dust may be able to recover three types of damages in a personal injury lawsuit: economic damages, non-economic damages, and punitive damages.

Economic damages are intended to compensate the worker for their financial losses, such as lost wages, medical expenses, and the cost of medical care. These damages can be substantial in severe silicosis cases, as the worker may need to undergo multiple lung transplants, and require ongoing medical care.

Non-economic damages are intended to compensate the worker for their pain, distress, loss of enjoyment of life, and suffering. These damages are more difficult to quantify, but they can be significant in silicosis cases, as the worker will likely experience debilitating symptoms and a significantly shortened life expectancy.

Punitive damages are intended to punish the defendants for their reckless or intentional conduct that led to the worker’s injury. These damages are assessed in addition to economic and non-economic damages, and they can be very large.

If you have been injured by exposure to silica dust while working with engineered stone, you should speak to an attorney to discuss your legal options. An attorney can help you determine if you have a claim and, if so, can represent you in a personal injury lawsuit.

Wrongful Death

The spouse and children of a deceased engineered stone worker who file a wrongful death lawsuit may be able to recover three types of damages:

Economic damages are intended to compensate the survivors for their financial losses, such as lost support from the deceased worker, funeral and burial expenses, and the cost of medical care. These damages can be substantial, as the deceased worker may have been the primary breadwinner in the family, and his medical costs quite extensive.

Non-economic damages are intended to compensate both for the deceased worker’s pain, distress, loss of enjoyment of life, and suffering, as well as his spouse and children’s emotional losses, such as the loss of the decedent’s companionship, training, and guidance. These damages are more difficult to quantify, but they can be significant.

Punitive damages are intended to punish the defendants for their reckless or intentional conduct that led to the death of the worker. These damages are assessed in addition to economic and non-economic damages, and they can be very large.

If you have lost a loved one due to exposure to silica dust while working with engineered stone, you should speak to an attorney to discuss your legal options. An attorney can help you determine if you have a claim and, if so, can represent you in a wrongful death lawsuit.  Contact us today for a free consultation.  We represent workers who have been injured by exposure to silica dust from engineered stone. We understand the challenges that you are facing, and we are here to help you get the compensation you deserve.  Our lawyers are experienced in handling silicosis cases, and we have a proven track record of success. We will fight for your rights and make sure that you receive the maximum compensation possible.  Contact us today for a free consultation. There is no obligation, and we can answer any questions you have about your legal options.  We are here to help you get the justice you deserve.   Contact Brayton Purcell LLP online or call us at (855)335-8606.

Statute of Limitations

Personal Injury

If you, a family member, or a co-worker have, or potentially have, silicosis, lung cancer or other medical problems caused by exposure to engineered stone, it is important that the lawsuit be filed before the applicable statute of limitations or deadline in which to file a legal action in your state.

For example in California, the deadline to file a personal injury case for engineered stone silicosis or cancer is 2 years from the first date of the injury.  Per CCP § 340.8(a): “ In any civil action for injury or illness based upon exposure to a hazardous material or toxic substance, the time for commencement of the action shall be no later than either two years from the date of injury, or two years after the plaintiff becomes aware of, or reasonably should have become aware of, (1) an injury, (2) the physical cause of the injury, and (3) sufficient facts to put a reasonable person on inquiry notice that the injury was caused or contributed to by the wrongful act of another, whichever occurs later.”

Wrongful Death

If a family member died, or potentially died, from silicosis or cancer caused by exposure to engineered stone, it is important that the lawsuit be filed before the applicable statute of limitations or deadline in which to file a legal action in your state.

For example in California, the deadline to file a wrongful death case for engineered stone silicosis or cancer is 2 years from the date of death.  Per CCP § 340.8(b): “(b) In an action for the wrongful death of any plaintiff’s decedent, based upon exposure to a hazardous material or toxic substance, the time for commencement of an action shall be no later than either (1) two years from the date of the death of the plaintiff’s decedent, or (2) two years from the first date on which the plaintiff is aware of, or reasonably should have become aware of, the physical cause of the death and sufficient facts to put a reasonable person on inquiry notice that the death was caused or contributed to by the wrongful act of another, whichever occurs later.”

 

Defendant Manufacturers and Suppliers

The most common brands of engineered stone are made by Ceaserstone USA, Inc., Cambria Company, LLC, and Cosentino Group,  but there are many others.

 

Contact an Attorney – Free Case Analysis – Lawsuit Help

We will fight for your rights and make sure that you receive the maximum compensation possible.  Contact us today for a free consultation. There is no obligation, and we can answer any questions you have about your legal options.  We are here to help you get the justice you deserve.   Contact Brayton Purcell LLP online or call us at (855)335-8606.

For an overview of engineered stone, why it is dangerous, and how it causes silicosis and other diseases, click here

To learn about Safety and Medical resources, and how to reduce or eliminate exposure to silica, click here

To learn about how silicosis from engineered stone is diagnosed and to find treating doctors who specialize in engineered stone silicosis, click here

To learn about what the manufacturers and distributors of engineered stone knew about the hazards of their products, click here

For an updated listing of current news, important regulatory hearings and medical presentations, and medical journal articles about the epidemic of engineered stone silicosis, click here