Toxic Exposure And Chemicals
Toxic exposure personal injury claims present different challenges than other types of personal injury claims. These additional challenges arise because the majority of harmful chemicals are odorless and colorless, making it difficult to prove exactly when and how a person was exposed and injured from the chemicals. It is possible for someone to be exposed to a chemical and not display symptoms for days, weeks, months or even years. Some injuries occur because a person has been exposed more than once or for a prolonged period of time to the harmful chemical or toxin.
Being exposed to toxic chemicals can cause a variety of injuries including:
• Skin issues (rashes or hives)
• Brain injuries and neurological defects
• Organ failure
• Lung and respiratory problems
• Memory defects
• Birth defects
The most common toxic chemicals that cause harm to humans are:
• Radioactive material
• Cleaning products
• Motor fuels
• Petroleum products
Proving a Toxic Exposure Claim
In order to be compensated for toxic exposure, a person must prove that they were actually exposed to a dangerous level of a substance due to the negligence of a third party. Once a person can say that they were exposed to a dangerous level, they need to provide proof of the standard of care of the application or use of the substance being questioned. They’ll also need to prove that the level of exposure was dangerous from a medical or scientific point of view. Only qualified experts like chemists, medical doctors, toxicologists and certified industrial hygienists can testify and provide proof. In Georgia, the legal standard of proof means that the injury or ailments being claimed were caused as a result of exposure to the toxic substance in question and align with a reasonable degree of scientific or medical probability.
Finding Assistance with Your Claim
It’s crucial to have an experienced attorney on your side. At Litner + Deganian, we are qualified experts on the legal side. We will help you get the most qualified medical and scientific experts to prove your injuries and fight for your case every step of the way.
Give us a call today for your free consultation.
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