In my environmental law practice, I often represent homeowners whose lives have been affected by a variety of environmental problems, such as polluted drinking water, dirty air, and indoor air problems including mold and radon. Sometimes, the problems relate to soil contamination, including septic tank and oil tank leaks.

Homeowners always ask me the same question during our initial interview: "If we need to go to court, what kind of relief can we request?" While the answer to this question varies depending on cases and statutes peculiar to your state, some general statements apply throughout most of the country.

First is often the issue of injunctive relief. If someone is polluting your home or community, you want them to stop polluting. This is called injunctive relief. There may not be any payment of money involved here, but the offending conduct will be stopped, which is usually important.

When the problem is most critical, you may be able to ask the court for a temporary restraining order, which is also referred to as a TRO. An attorney seeking a TRO must prove to the court that there will likely be irreparable injury if the TRO is not granted, such as the case of a factory that is spewing dangerous pollutants into a community.

In addition to injunctive relief, homeowners who have been harmed by the release of toxic substances and pollutants may also be entitled to recover money damages. While state and federal laws differ, there are some common grounds that support the award of monetary damages. They include pain and suffering, punitive and compensatory damages, medical monitoring, and property value diminution.

It is common for plaintiffs in this country to be compensated for their pain and suffering caused by another's wrongdoing. For example, a previously healthy person who now cannot breathe well and has lost all vigor and vitality should be compensated for his or her pain and suffering.

Punitive damages may be available in cases where defendants knowingly or recklessly engaged in behavior that results in harm. For example, this may be appropriate in cases where company executives knew they were causing pollution but did not take measures to stop it because such measures were too costly.

Compensatory damages are more of the out-of-pocket expenses. They might include the cost of in home nursing, special travel needs, costs of rehabilitation, and other expenses associated with the environmental release.

Medical monitoring costs are those costs needed to monitor people exposed to dangerous substances so as to ensure they do not develop dangerous illnesses. Many toxic substances cause illnesses years after the initial exposure and regular testing is necessary to ensure that illness is detected as promptly as possible.

Finally, property value diminution covers the reduction in property value caused by a hazardous release. For example, many people will avoid buying a home that is located near a Superfund site or close to a source of polluted drinking water. In certain cases, property value reductions can be recovered from the polluter.

Every case is very fact sensitive, and one must truly understand the applicable law and the facts peculiar to a claim in order to evaluate a potential recovery. But for those homeowners who have been truly harmed, the items described above provide a general overview of how our legal system compensates persons injured by hazardous and toxic releases.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.