Navigating the complexities of PFAS litigation can be daunting, but understanding who can file a claim is the first step toward justice. As awareness of their danger grows, so does the opportunity for victims to seek justice through PFAS litigation. But who can file a claim, and what does that process entail? In this blog post, we’ll help you understand the litigation against PFAS and who is eligible to join the lawsuit.
What are PFAS and Why are They Controversial?
Per- and polyfluoroalkyl substances (PFAS) are a group of man-made chemicals that have been used in various industrial applications and consumer products since the 1940s. Known for their resistance to water, grease, and stains, PFAS are found in items such as non-stick cookware, water-repellent clothing, and firefighting foams.
These chemicals earned the nickname “forever chemicals” because they don’t break down naturally. The controversy surrounding PFAS arises from their persistence in the environment and the human body. Because PFAS do not break down naturally, they can accumulate over time, leading to potential long-term health risks.
This has made PFAS a focus of public health and environmental concern.
Health and Environmental Impacts of PFAS Exposure
Exposure to PFAS has been linked to a variety of health issues, including the following:
- Cancer: PFAS could potentially increase the risk of prostate, kidney, and testicular cancers.
- Thyroid dysfunction: PFAS may interfere with thyroid hormones and impact the body’s metabolism.
- Liver damage: Long-term exposure to PFAS may lead to liver disease.
- Decreased fertility: The forever chemicals may disrupt the body’s natural hormones and negatively impact fertility for both men and women.
These chemicals can enter the body through contaminated water, food, air, and even regular household products often used daily.
Environmentally, PFAS contamination can affect soil and water sources, leading to widespread ecological damage. Wildlife exposed to PFAS may experience adverse health effects, which can disrupt ecosystems and food chains.
Eligibility Criteria: Who Can File a PFAS Claim?
To file a PFAS claim, individuals typically need to demonstrate that they have been exposed to PFAS and suffered harm. This can include residents living near industrial sites where PFAS were used, workers who handled PFAS-containing materials, and consumers who used products with high levels of PFAS or drank water contaminated with PFAS.
Eligibility can also extend to municipalities and water districts that have incurred costs to remove PFAS from public water supplies. Legal offices can help determine specific eligibility based on individual circumstances.
Filing a PFAS lawsuit isn’t limited to individuals with severe health conditions; eligibility depends on the circumstances of exposure and harm suffered. The following groups could qualify:
Individuals with Direct Exposure
- Residents near industrial facilities or military bases where PFAS-containing firefighting foams were used.
- Workers exposed to PFAS during manufacturing processes or through contact with contaminated products.
- Consumers who consistently used PFAS-laden products and developed health issues linked to exposure.
- Residents who consumed drinking water contaminated with PFAS.
Municipalities and Public Entities
- Water utilities and local governments that incurred expenses to filter PFAS from water supplies may also file claims to recoup these costs.
Farmers and Landowners
- Those whose land or water sources were contaminated, potentially reducing crop yields or property values.
An experienced attorney can evaluate your unique circumstances to determine if you meet the eligibility criteria.
Steps to Filing a PFAS Lawsuit
Filing a PFAS lawsuit involves several key steps and requires a methodical approach.
Document Your Exposure
- Collect evidence that links you to PFAS contamination. This could include water testing reports that show contamination, medical records connecting health issues related to PFAS exposure, and documentation of proximity to contaminated sites or use of certain products.
Consult a Lawyer
- An attorney with experience in negligence lawsuits against manufacturers is essential to build a strong case. Lawyers can guide you through the complexities of the legal system and offer support to you throughout the process.
File Your Claim
- The legal process may begin with filing a complaint. This document outlines the details of your case and the damages you seek.
Engage in the Litigation Process
- Litigation may include discovery, where evidence is exchanged between parties. This could include depositions from experts or witnesses, analysis of technical and scientific data, and review of any corporate documents related to PFAS usage.
Settlement or Trial
- Many negligence cases are resolved through settlements, but some proceed to trial. Your legal team will negotiate on your behalf or represent you in court if necessary.
What to Expect During the Litigation Process
The litigation process for PFAS claims may be lengthy and complex. After filing a lawsuit, plaintiffs may engage in discovery, where both sides exchange information and gather evidence. This phase may include depositions, document reviews, and expert testimonies.
PFAS lawsuits may be part of large-scale mass torts or class-action cases, which can span years due to their complexity. While this may seem daunting, joining a lawsuit may amplify your voice, hold corporations accountable, and possibly secure compensation for damages.
Settlement negotiations may occur at any stage, potentially avoiding a trial. If the case goes to trial, the court will hear arguments from both sides before making a decision. Throughout the process, your legal team will provide updates and guidance.
How to Join the PFAS Lawsuit
At Legal Injury Advocates, along with our co-counsel, we are committed to helping victims of corporate negligence and helping our clients navigate their legal options. Our process begins with a free consultation, where we evaluate your eligibility and provide a clear roadmap for your case if you qualify.
By working with our experienced team, you gain access to resources, legal advice, and compassionate support to help you through every stage of the legal process.
We prioritize transparency, empathy, and professionalism, ensuring you feel supported every step of the way. Contact Legal Injury Advocates today to start your journey toward potential compensation and healing. Together, we can fight for a safer and healthier future where corporations and manufacturers are held accountable for their negligence.
