by What Firefighters Need to Know When Filing an AFFF Lawsuit: Advice from Legal Experts
A firefighter is one of the world’s most challenging and risky occupations. These brave men and women put their lives on the line daily to protect their communities and ensure public safety. However, recent studies have linked the firefighting foam known as Aqueous Film Forming Foam (AFFF) to serious health concerns, including cancer and other diseases.
As a result, many firefighters are filing lawsuits against the manufacturers of AFFF products. In this article, we will explore what firefighters need to know when filing an AFFF lawsuit and provide expert legal advice to help you navigate this complex landscape.
1. Understand the Legal Process
The legal system can be complex and daunting, but having a basic understanding of the process can help firefighters navigate the system easily and confidently.
The first step is hiring an experienced attorney specializing in similar lawsuits. The attorney will assess the strength of the case and help the firefighter determine the appropriate legal course of action.
Next, the attorney will file the complaint with the court, and the defendants will have a chance to respond. After the initial filing of the lawsuit, both parties engage in the discovery process, where they exchange relevant information and evidence.
Once the discovery process is complete, the parties may either proceed to trial or choose to engage in settlement negotiations. If the case proceeds to trial, a judge or jury will hear the evidence and decide on liability and damages.
It is important to note that legal action can be lengthy and complex. According to Glofin Funding, the length of a lawsuit may also depend on the amount of compensation claimed. On average, these cases can take nine months to 3 years to verdict. Therefore, it is crucial to have a knowledgeable attorney who can guide the firefighter through every step.
2. Gather Evidence of Exposure
It is crucial to have evidence of exposure to firefighting foam when filing an AFFF lawsuit. Gathering this evidence is critical in establishing the link between the foam and any resulting health conditions.
The first step in gathering evidence is to document all instances of exposure to AFFF. It can include keeping a record of the types of AFFF products used, the dates and locations of use, and any incidents where the foam was released. Additionally, it is essential to document any symptoms or health issues experienced as a result of exposure to AFFF.
In addition to documenting exposure, gathering medical records and reports from healthcare professionals is necessary. These records should detail any diagnoses, treatments, and medical procedures related to the health conditions resulting from exposure to AFFF.
3. Identify Responsible Parties
In addition to the manufacturers, firefighters may also need to identify the companies that used or distributed the foam. These parties may include airports, military bases, and fire departments. Therefore, it is essential to investigate all potential parties to determine their level of responsibility and involvement in the exposure to AFFF.
Working with an experienced attorney can help firefighters navigate the complexities of identifying responsible parties and pursuing legal action. Attorneys can investigate and gather evidence to establish liability and seek compensation for the damages suffered.
Based on this, TorHoerman Law, LLC has identified several major defendants in the AFFF lawsuit, including ChemDesignInc, Chemguard Inc, Tyco Fire Products, Chemours, DuPont, 3M, and over a dozen other companies. They assert that Class-B aqueous film-forming foams (AFFF) are hazardous and contain PFAS chemicals associated with various adverse health effects.
Moreover, the law firm has assisted numerous victims in all 50 states in taking legal action against hundreds of companies that endangered the safety of workers, residents, and consumers.
4. Know the Statute of Limitations
The statute of limitations is a legal time limit for filing a lawsuit, and if the lawsuit is filed after the expiration of the statute of limitations, it may be dismissed by the court.
The time limit for filing such lawsuits varies from state to state and may also depend on the type of claim being filed. Some states allow a small period of 1 year to file a claim, while others allow up to six years, as reported by Forbes.
It is crucial to act quickly and consult with an experienced attorney if you are considering filing a lawsuit.
Waiting too long could result in your case being dismissed, and you may be unable to seek compensation for your damages.
An experienced attorney can help determine the statute of limitations for your specific case and ensure that all necessary deadlines are met. They can also help investigate the exposure to AFFF and gather evidence to support your claim.
5. Understand Potential Compensation
Compensation in these cases can vary widely and depend on factors such as the severity of the injury and the responsible parties’ level of liability.
Potential compensation may include medical expenses, lost wages, and pain and suffering from exposure to AFFF. Suppose the injury is severe enough to cause a disability or is considered a grave injury. In that case, the compensation awarded may cover not only the current damages but also future medical expenses and the lost earning capacity of the affected person.
In addition to compensatory damages, some AFFF lawsuits may also seek punitive damages. Punitive damages are meant to punish the responsible parties for their wrongdoing and deter future harmful behavior.
6. Find the Right Legal Representation
It is essential to work with attorneys with experience handling these types of cases and understand the complex legal and medical issues involved. However, with 50,693 personal injury lawyers and attorney businesses in the US, as per IBIS World, you can approach any experienced lawyer after researching.
When searching for legal representation, it is important to consider the attorney’s experience, track record of success, and approach to client communication.
You want an attorney who is dedicated to your case, responsive to your needs, and able to explain the legal process in terms you can understand.
Filing an AFFF lawsuit can be a complex and challenging process. However, firefighters can pursue the compensation they deserve by understanding the legal process, gathering evidence of exposure, identifying responsible parties, knowing the statute of limitations, and finding the right legal representation.
While pursuing an AFFF lawsuit can be daunting, holding responsible parties accountable for their actions and seekingjustice for the harm caused is essential. By following the advice of legal experts and working with experienced attorneys, firefighters can obtain the compensation they need to move forward and focus on their recovery.
