Practice Areas
San Antonio Toxic Exposure & Illness Attorneys: Uncovering the Hidden Causes of Harm
When an Invisible Hazard Causes Lifelong Illness, You Need Lawyers Who Understand the Science
In the industrial heart of Texas and within the very environments where we live and work, hidden dangers can lurk for years before revealing their devastating consequences. Toxic exposure and occupational illness cases represent one of the most complex and scientifically demanding areas of personal injury law. These are not cases of sudden trauma from a collision or fall; they are claims of slow, insidious harm caused by prolonged contact with hazardous substances like industrial chemicals, asbestos, heavy metals, contaminated water, pesticides, or toxic fumes. For workers in San Antonio’s refineries, manufacturing plants, and construction sites, or for residents affected by environmental pollution, the diagnosis of a serious illness—such as cancer, severe respiratory disease, or neurological damage—can be the first clue that a toxic exposure from years or even decades prior is now claiming its price.
At Barton & Associates, Attorneys at Law, our Toxic Exposure & Illness practice is dedicated to representing individuals and families whose health has been destroyed by the negligent or wrongful release of hazardous substances into the workplace or environment. We understand that these “toxic tort” and occupational disease claims are battles fought on two fronts: the legal front and the scientific front. Success requires more than legal acumen; it demands a strategic partnership with medical toxicologists, industrial hygienists, epidemiologists, and environmental engineers who can trace a direct line from a specific chemical exposure to a specific diagnosed illness. This field pits injured individuals against powerful corporations—chemical manufacturers, industrial employers, and property owners—who have vast resources to dispute causation and delay justice.
Our mission is to dismantle these defenses through meticulous, evidence-based litigation. We recognize that the suffering caused by toxic exposure is profound, often involving debilitating chronic conditions, the fear and agony of a cancer diagnosis, and the looming burden of lifelong medical care. These cases are about securing compensation for immense suffering, but they are also about accountability. They are about holding companies responsible for cutting corners on safety, failing to warn of known dangers, and polluting our shared environment. From asbestos-related mesothelioma and benzene-induced leukemia to lung diseases from silica dust and neurological damage from solvent exposure, our firm has the resources, the expert network, and the tenacity to pursue these challenging cases and fight for the justice our clients deserve.
The Unique Challenge of Toxic Tort and Occupational Illness Claims
These cases are distinguished from other personal injury matters by several critical and challenging factors:
- The Latency Period: There is often a lengthy delay—sometimes 10, 20, or 30 years— between the exposure to a toxic substance and the onset of diagnosable symptoms. This makes gathering evidence from the distant past exceptionally difficult.
- The Causation Hurdle: The central and most contested issue is specific causation. We must prove, on a more-probable-than-not basis, that exposure to the defendant’s specific toxin was a substantial contributing factor to the plaintiff’s specific illness. This requires ruling out other potential causes (like genetics or smoking) through expert medical testimony.
- Complex Scientific and Medical Testimony: Juries must understand complex concepts of toxicology, dose-response relationships, epidemiology, and disease pathology. Presenting this science in a clear, compelling, and persuasive manner is a specialized skill.
- Corporate Defendants and Sophisticated Defenses: Opponents are typically large corporations with deep pockets and experienced counsel who will hire their own battery of experts to argue that the science is unsettled, the exposure was insufficient, or the illness has another cause.
Our Core Practice Areas Within Toxic Exposure & Illness
1. Occupational Exposure & Industrial Diseases
Workers have a right to a safe workplace. We represent employees who have developed illnesses from exposures their employers failed to control.
- Asbestos-Related Diseases: Despite regulations, exposure continues in renovation, demolition, and certain industries. We handle claims for:
- Mesothelioma: A deadly cancer almost exclusively caused by asbestos exposure.
- Lung Cancer & Asbestosis: Linked to occupational asbestos exposure.
- Chemical & Solvent Exposure: Neurological damage, organ failure, and cancers linked to benzene, toluene, trichloroethylene (TCE), perchloroethylene (PERC), and other industrial solvents used in manufacturing, degreasing, and dry cleaning.
- Heavy Metal Poisoning: Illnesses from lead, cadmium, mercury, and arsenic exposure in battery manufacturing, smelting, and construction.
- Dust Diseases:
- Silicosis: A progressive, incurable lung disease from inhaling crystalline silica dust in foundries, fracking, construction (cutting stone/concrete), and manufacturing.
- “Black Lung” (Coal Worker’s Pneumoconiosis) and other pneumoconioses.
- Industrial Gas & Fume Exposure: Lung diseases from isocyanates (spray painting), phosgene, or chronic exposure to welding fumes.
2. Environmental Contamination & Community Exposure
When corporations release toxins into the air, soil, or water, entire communities can be put at risk.
- Groundwater & Drinking Water Contamination: Illnesses linked to chemicals like TCE, PERC, PFAS (“forever chemicals”), MTBE, or heavy metals leaching from industrial sites, military bases, or waste dumps into residential water supplies.
- Air Pollution: Respiratory illnesses, heart conditions, and cancers linked to chronic exposure to pollutants from refineries, chemical plants, or waste incinerators.
- Soil Contamination: Exposure to toxins in residential areas built on or near former industrial sites.
3. Defective Products & Failure to Warn
Manufacturers have a duty to warn users of the known hazards of their products.
- Toxic Consumer Products: Illnesses from chemicals in paints, coatings, adhesives, or cleaning products that lack adequate safety warnings.
- Pesticide & Herbicide Exposure: Non-Hodgkin lymphoma, Parkinson’s disease, and other illnesses linked to agricultural or residential use of products like Roundup (glyphosate).
- Hazardous Building Materials: Illnesses from formaldehyde in insulation, PCBs in caulk, or other toxins in construction materials.
4. Toxic Exposure in Rental Properties
Landlords have a duty to provide habitable premises. We handle cases involving:
- Lead Paint Poisoning: Primarily affecting young children in older housing, causing cognitive deficits and developmental delays.
- Mold Infestation: Severe respiratory illness, asthma, and immune system reactions from toxic black mold (Stachybotrys) due to chronic water intrusion.
- Carbon Monoxide Poisoning from faulty appliances or ventilation.
The Investigative and Litigation Process: Building the Scientific Bridge
Our approach is methodical, recognizing that these cases are won or lost in the discovery phase and through expert testimony.
Phase 1: Comprehensive Medical & Exposure History
We work with you to construct a detailed timeline of your work history, residential history, and medical history. This “exposure calendar” is the foundational map we use to identify potential sources and defendants.
Phase 2: Identification of the Toxin & Source Investigation
- We retain industrial hygienists and environmental engineers to investigate suspected worksites or properties. They can identify exposure pathways, review historical operational data, and estimate exposure levels.
- We use historical research to identify products used, chemicals present, and safety practices (or lack thereof) at a given location during the relevant time period.
Phase 3: Proving Medical Causation – The Core of the Case
This is the most critical phase. We work with a team of medical experts to:
- Establish General Causation: A medical toxicologist or epidemiologist provides testimony that the chemical in question is capable of causing the type of illness diagnosed, based on peer-reviewed scientific literature, animal studies, and human epidemiological data.
- Establish Specific Causation: Your treating physician or a specialized occupational medicine doctor reviews your history, exposure assessment, and medical records to opine that, to a reasonable degree of medical certainty, your specific illness was substantially caused or contributed to by your exposure to the defendant’s toxin.
Phase 4: Litigation Against Responsible Parties
We file suit against all potentially liable parties, which may include:
- Employers (in certain circumstances outside of workers’ compensation exclusivity, such as intentional torts).
- Premises Owners of contaminated sites.
- Manufacturers of toxic products or the raw chemicals.
- Suppliers of hazardous materials.
We use aggressive discovery to obtain internal corporate documents, which often reveal knowledge of the dangers and a conscious decision not to warn or protect people.
The Types of Damages We Fight to Recover
The losses in these cases are immense and lifelong. We seek full compensation, including:
- Past and Future Medical Expenses: Including costs for specialist care, hospitalization, surgery, chemotherapy, palliative care, and prescription medications.
- Lost Wages and Loss of Future Earning Capacity: The illness often prevents a return to the same work or any work at all.
- Physical Pain and Suffering: For the ordeal of the illness itself.
- Mental Anguish and Emotional Distress: The fear, anxiety, and depression that accompany a serious diagnosis.
- Loss of Enjoyment of Life and Consortium: The inability to engage in family life, hobbies, and normal activities.
- Punitive Damages: In cases where the defendant’s conduct was grossly negligent, reckless, or intentionally harmful.
The Barton & Associates Difference in Toxic Tort Litigation
- Resources for the Scientific Battle: We have the financial capacity and legal commitment to retain the nation’s leading experts in toxicology, medicine, and industrial hygiene necessary to prove your case.
- Experience with Latent Diseases: We know how to investigate historical exposures and overcome statutes of limitations issues that are unique to diseases with long latency periods.
- A Network of Premier Experts: We have established relationships with respected medical and scientific professionals who are credible communicators to a jury.
- Tenacious Discovery: We know that the “smoking gun” is often in the defendant’s own files—memos, emails, and studies showing they knew of the danger. We are skilled at finding these documents.
If You or a Loved One Has a Serious Illness Linked to Toxic Exposure, Time May Be Limited
The statutes of limitations in these cases can be complex, often starting from the date of diagnosis or the date you should have reasonably linked the illness to exposure. Do not delay in seeking a legal evaluation.
Take the First Step Toward Answers and Accountability
Contact the experienced San Antonio Toxic Exposure & Illness Attorneys at Barton & Associates today. We offer a free, confidential, and thorough case evaluation. We will review your medical and work history, consult with our scientific network, and provide you with an honest assessment of your potential claim. Call us at 210-500-0000 for a free consultation or use our online Free Consultation form.
Main Category: Personal Injury
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000