What Are Toxic Exposure Claims?
Toxic exposure claims involve injuries, illness, or death caused by exposure to a toxic substance, such as a chemical, vapor, smoke, or gas. Such exposures can cause people to suffer from skin problems such as rashes and hives, respiratory and lung problems, brain injuries, neurological defects, organ failure, tremors, seizures, memory defects, impotence, birth defects, and death. Toxic substances that can cause injury and death to humans include poisons, corrosives, irritants, gases, radioactive materials, smoke, ammonia, cleaning products, pesticides, herbicides, petroleum products, motor fuels, and other substances.
Why are Toxic Exposure Claims Difficult?
Toxic exposure claims (also known as “toxic tort” claims) present some unique and difficult proof problems that do not exist with other types of personal injury claims. Many toxic substances that cause injury to humans are colorless or odorless, so it is sometimes difficult to prove exactly when or how the injury being claimed was caused by the toxic substance because one cannot see the injury occur. Sometimes people are unknowingly exposed to harmful levels of a toxic substance for weeks, months, or even years without realizing that they or their family are suffering adverse health effects from such exposure. Some injuries and illnesses require repeated or prolonged exposures to the toxic substance for illness or injury to become apparent.
Proving that an injury or illness was caused by exposure to a toxic substance can be a difficult and tricky undertaking. There will not be any wrecked vehicles or photographic evidence to offer as proof that the toxic substance cased the injury in question. Instead, proof of a toxic exposure as the cause of an injury requires the testimony of experts.
How to Prove a Toxic Exposure Claim
Proving the right to recover for a toxic exposure injury can be extremely challenging. Toxic tort cases are also expensive. They require competent, experienced representation to succeed. In order to recover, it must first be proved that the injured party was actually exposed to unreasonably dangerous levels of a toxic substance due to the negligence or substandard conduct of a third party. That, in turn, requires proof of the standard of care for application or use of the toxic substance in question, as well as proof that the level of exposure to the toxic substance was harmful or unreasonably dangerous from a scientific or medical standpoint. Such proof cannot be supplied by lay witnesses. It instead must be provided by the testimony of qualified experts such as chemists, toxicologists, medical doctors, or certified industrial hygienists.
Once it is proven that a person has been exposed to unreasonably dangerous levels of a toxic substance, it must then be proven that the injury or illness being claimed was caused by exposure to the toxic substance in question. This must typically be proven through the testimony of a medical doctor or toxicologist. The legal standard of proof that must be met in Georgia is that, to a reasonable degree of medical or scientific probability, the injury or ailments being claimed were caused as a result of exposure to the toxic substance in question.
Why Choose the W. Winston Briggs Law Firm to Pursue Your Toxic Exposure Claim?
The W. Winston Briggs Law Firm team has a well-established successful track record for handling toxic exposure cases. The firm’s senior partner, W. Winston Briggs, has tried many toxic tort jury trials during his career. Winston Briggs’ experience with toxic exposure cases began his first year of practice, in 1987, when he assisted his mentor (a seasoned successful toxic tort lawyer) in the trial of a case involving personal injuries to a family caused by exposure to a pesticide known as Chlordane. Since that time, Mr. Briggs has tried numerous other types of toxic exposure cases, honing his skills and experience as a toxic tort trial lawyer. Mr. Briggs has won multiple toxic exposure verdicts by jury trial.
If you or your family members have an injury or medical condition that you believe was caused by exposure to a toxic substance, contact the W. Winston Briggs Law Firm to discuss your options. The firm has more than 30 years of experience successfully handling and trying toxic exposure cases and knows exactly what evidence and experts are necessary to successfully pursue toxic exposure claims. The W. Winston Briggs Law Firm has the experience, reputation, and passion to handle every type of toxic exposure case.
Call for a Free Consultation
Contact our office today to discuss your injury claim and learn more about how we can help you. You can reach us by phone or via e-mail. We take most cases on a contingency basis, which means that you don’t pay any attorney’s fees unless we win compensation for you.
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