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.

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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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Suffering a serious injury due to another person’s negligence can change your life in an instant. Without warning, you can be facing massive medical bills and find yourself unable to work. Once you have received medical care for your immediate injuries, it is important that you seek the advice of a reputable personal injury lawyer in Atlanta who can help you understand your rights.

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Representing Georgia Accident Injury Victims

The Briggs Law Firm specializes in representing people and the families of people injured or killed due to the carelessness and recklessness of others. Our founder, W. Winston Briggs, has tried more than 200 jury trials in his 30 year career. Mr. Briggs is a skilled trial lawyer well known for his ability and willingness to try cases. That results in higher settlements to our clients because insurance companies recognize that Mr. Briggs is a seasoned and fearless litigator who will try cases if they don’t pay the full value of the claim. If the case must be tried, there is no better firm to have on your side.

Winston and his team were the best I’ve ever dealt with. Honestly, I’ve hired many law firms in the past 10 years and no other law firm made me feel as important as Winston Briggs. To them I wasn’t just another case, I was family and for that I’m forever grateful. They got me a settlement that I deserved and they fought tooth and nails to make sure I wasn’t being taken advantage of. Nicole, kept me updated with my case’s progress and anytime I had a question she was on it! I felt like I was the only client because of how personalized they made it feel. Best of the best hands down. Thank you once again for everything you did for my family and I!
EM Watson, Former Client
After interviewing attorneys recommended by other cyclists, I engaged W. Winston Briggs as my attorney because he seemed to have the best grasp of my situation and because, of the attorneys I interviewed, Winston had the most litigation experience. Six months after the collision, we have received a policy limit settlement from the driver’s insurance company, and Mr. Briggs has addressed the subrogation claim of my health insurance company, resulting in a substantial reduction of their claim.
Tom Erdmanczyk, Former Client
The case required Mr. Briggs to make numerous trips to Virginia to take on the responsible parties on their home turf. Although it required significant effort, at the end of the day, Mr. Briggs successfully forced the responsible companies to accept responsibility for my husband’s death and to pay a settlement that will take care of my son and me over the course of our lives. The event was tragic but I am very pleased that I hired Winston to represent me and my son in the case.”
Mary Ann Garrard, Former Client
I injured myself requiring surgery when I fell at a hotel in New Orleans while on business. The insurance company for the hotel initially denied responsibility for my injury and then later offered me only a modest sum to settle the case, claiming there were multiple problems with my claim. I retained Winston Briggs to handle my claim and he did the rest. Without having to go through a lawsuit, Mr. Briggs convinced the hotel’s insurance company to pay more than six times the amount they had offered me to settle the claim before I hired Mr. Briggs. I hope I never need his services again but, if I do, I wouldn’t think of hiring any other attorney to represent me.
Ed Dietzel, Former Client
I am extremely pleased I hired The Briggs Law Firm and would highly recommend them to anyone who finds themselves in the position of needing a personal injury lawyer, and particularly, one who has been injured in a bicycle accident. Once the insurance carriers learned Mr. Briggs was my lawyer, they accepted responsibility for the accident and compensated me for my injuries.
Bruce Fernald, Former Client
To those injured; I’m writing to show everyone out there that Mr.Winston Briggs is here to help you. As he listened to my story I realized that he sincerely cared and knew that, even though the injury occurred, he was able to see forward and find ways to help. Winston through the years has demonstrated that he is on the cutting edge of injury recovery. He makes a painful process turn into a more profitable and emotional reward...
Brandon Johnson, Former Client
Attorney Briggs accepted my case, within a month the defendant was served, and less than a year my case was settled. To him I am indebted for his enthusiastic, encouragement and support he and his staff offered throughout the handling of my case. Unlike any other law firm, they continue to keep me in the loop on how my case progressed. I highly recommend Winston Briggs Law Firm to anyone looking for an attorney in Atlanta who cares and have integrity in his work getting the case settled, without a doubt, he’s the Best!
Camille, Former Client

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