What is Leukemia?

Simply put, leukemia is a type of cancer that affects the blood and bone marrow. More specifically, leukemia generally develops when abnormal white blood cells begin multiplying uncontrollably, thereby interfering with the body’s ability to fight infections and function properly overall. There are several different forms of leukemia, and some are considered acute, while others are considered chronic. Some of the more commonly diagnosed forms of leukemia are as follows:

• Acute lymphocytic leukemia (ALL)
• Acute myeloid leukemia (AML)
• Chronic lymphocytic leukemia (CLL)
• Chronic myeloid leukemia (CML)

Unfortunately, leukemia symptoms are often difficult to identify initially because many of them resemble symptoms associated with far less serious illnesses. In many cases, people believe they are simply run down, overworked, or sick with some sort of virus, which can delay diagnosis and treatment. Some common leukemia symptoms can include:

• Persistent fatigue
• Frequent illness or infections
• Fever and chills
• Unexplained weight loss
• Bone pain
• Easy bruising or bleeding
• Swollen lymph nodes
• Night sweats
• Shortness of breath

Depending on the severity of the diagnosis, treatment may include chemotherapy, radiation, immunotherapy, targeted drug therapy, stem cell transplants, or other extensive medical treatment. Naturally, this treatment is often physically exhausting, emotionally draining, and financially overwhelming for both patients and their families alike.

How Can Someone Develop Leukemia?

There are various factors that may contribute to the development of leukemia. While certain cases develop without a clearly identifiable cause, there are also many situations where leukemia is linked to prolonged exposure to dangerous substances or toxic chemicals. One of the substances most commonly associated with leukemia claims is benzene.

Benzene is a chemical that has historically been used in numerous industrial and manufacturing settings. It may be found in gasoline, solvents, paints, adhesives, cleaning products, and various other industrial materials. Unfortunately, prolonged exposure to benzene has been associated with an increased risk of developing leukemia and other blood-related illnesses. Some individuals who may face elevated exposure risks can include:

• Factory workers
• Construction workers
• Mechanics
• Refinery employees
• Chemical plant workers
• Painters
• Transportation industry workers
• Individuals exposed to environmental contamination

In many cases, individuals are exposed to dangerous substances for years before they ever realize the extent of the danger involved. Employers and companies sometimes fail to provide proper safety equipment, fail to issue adequate warnings, fail to maintain proper ventilation systems, or otherwise fail to take the precautions necessary to keep workers and others safe. Unfortunately, when that happens, the consequences can be devastating. Leukemia may also potentially develop because of exposure to:

• Radiation
• Industrial solvents
• Toxic dumping sites
• Pesticides
• Hazardous environmental contamination
• Defective products containing dangerous chemicals

Under New Jersey law, individuals and companies generally have a duty to act reasonably under the circumstances. This means that if a company exposes workers or the public to dangerous substances unnecessarily, and someone develops leukemia as a result, that company may potentially be held legally responsible for the harm caused.

Can You File a Personal Injury Claim if You’ve Developed Leukemia?

In many cases, the answer is yes. If you developed leukemia because of another party’s negligence, you may have grounds to pursue compensation through a personal injury claim or another type of legal action in New Jersey. That being said, these cases are often extremely complex, primarily because leukemia frequently develops years after the actual exposure occurred.

For this reason, proving a leukemia claim often requires extensive evidence, including medical documentation, employment records, scientific evidence, expert testimony, and more. Generally speaking, a successful leukemia claim will often require proving several important elements. Some of those elements may include demonstrating:

• The source of the toxic exposure
• How long the exposure lasted
• The dangerous nature of the substance involved
• That the defendant knew or should have known about the risks
• That the exposure substantially contributed to the leukemia diagnosis

Depending on the circumstances, a claim may potentially be filed against:

• Employers
• Product manufacturers
• Chemical companies
• Contractors
• Property owners
• Maintenance companies
• Distributors

You should also understand that New Jersey imposes deadlines on personal injury claims. Generally speaking, New Jersey’s statute of limitations for personal injury claims is two years. However, toxic exposure cases are often more complicated because individuals may not discover that they developed leukemia until years after exposure actually occurred. In certain situations, New Jersey courts may apply what is known as the “discovery rule,” which can affect when the statute of limitations period officially begins.

Additionally, some leukemia cases may involve workers’ compensation claims, while others may involve third-party lawsuits or toxic tort litigation.

What Damages Can You Recover?

If you developed leukemia because of another party’s negligence, there is a strong possibility that you are now facing substantial financial and emotional burdens. Fortunately, New Jersey law allows injured individuals to seek compensation for both economic and non-economic damages associated with their illness. Depending on the circumstances of your case, you may potentially recover compensation for the following:

• Medical expenses
• Future medical treatment costs
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Emotional distress
• Disability or physical impairment
• Rehabilitation costs
• Home healthcare expenses
• Loss of enjoyment of life

Additionally, if a loved one passed away because of leukemia caused by toxic exposure or negligence, surviving family members may potentially pursue a wrongful death claim. These claims may allow families to recover compensation for funeral costs, financial losses, and the loss of guidance, support, and companionship provided by their loved one.

Contact an Essex County Leukemia Lawyer Today

If you’ve been diagnosed with leukemia, you don’t have to face it alone. Your family, and our firm, are here for you. Let us help you recover the compensation you need while you focus on what matters most: healing. Contact a skilled and dedicated New Jersey leukemia lawyer from Berliner, Cohen, Accardi & Grossman, LLC for a free, confidential consultation today.