Medical science is finding increasing connections between perfluoroalkyl and polyfluoroalkyl substances (PFAS) and health issues. Individuals exposed to high levels of PFAS over long periods of time report suffering from serious illnesses, including ulcerative colitis, kidney cancer, liver cancer, and testicular cancer.
To sue for PFAS contamination, you must be able to prove exposure and establish damages. If you qualify, a mass torts attorney with experience handling PFAS contamination lawsuits can help you pursue losses associated with PFAS exposure.
A PFAS lawsuit hinges on two things: proving that you were exposed to PFAS chemicals and establishing the severity of your injuries.
Proving Exposure to PFAS Chemicals
To file a PFAS water contamination lawsuit, you must prove:
- You drank PFAS-contaminated water for at least six consecutive months after January 1, 1990.
- You developed kidney cancer, testicular cancer, liver cancer, or ulcerative colitis after January 1, 2000.
Proof should be in a documented form. For example, you may use a lease agreement, mortgage, tax return, or other documentation to show that you lived in a contaminated area for at least six months after January 1, 1990.
Medical records can also provide critical proof of your diagnosis for severe PFAS-caused illnesses after January 1, 2000. Consider including diagnostic imaging, test results, treatment plans, and professional opinions from medical professionals.
Establishing Damages Due to PFAS Exposure
Illnesses that arise due to PFAS exposure can be extremely debilitating and life-threatening. Depending on the extent and severity of your injuries, you may be able to claim the following damages.
Medical Expenses
PFAS exposure can result in serious medical issues that require extensive treatment. You may need:
- Diagnostic testing
- Chemotherapy
- Surgical intervention
- Radiation therapy
- Medication
- Physical therapy
All of these can be extremely expensive. If your illness arose from water contamination, you should not have to bear the financial burden of the resulting medical costs.
You can use medical bills, invoices, receipts, and estimates to establish the full scope of your past and future medical expenses due to PFAS exposure.
Lost Income
While you are ill and receiving treatment for a PFAS-related illness, you could lose income from wages, salary, or your own business. Living expenses can continue to pile up while you have no way to pay them.
A PFAS lawsuit can help you recover income lost due to the PFAS exposure. Documents you can use to support lost income claims include financial statements, pay stubs, bank statements, and tax returns.
In addition, you can use documentation and expert testimony to project your future income loss if your illness results in long-term impairment or disability.
Pain and Suffering
Losses due to PFAS exposure are often more than medical and monetary. Physical pain, emotional distress, and mental anguish can take a serious toll on your quality of life. You can include pain and suffering and other non-economic expenses in your claim.
An attorney with experience handling PFAS exposure claims can help you establish a reasonable value for non-economic losses. Considerations for non-economic losses include changes to your quality of life, inability to engage in normal activities, and loss of ability to do things you once enjoyed.
Punitive Damages
Depending on the case, punitive damages may be available. Unlike compensatory damages like lost income, medical expenses, and pain and suffering, punitive damages aim specifically to punish the wrongdoer. Typically, punitive damages impose an additional financial penalty on the company responsible for the PFAS contamination.
Punitive damages are not common in civil cases. However, in mass tort cases, the extent of damages is often such that the judge or jury considers punitive damages necessary to prevent the responsible party from repeating the same harmful actions in the future.
Understanding the PFAS Lawsuit Process
PFAS lawsuits aim to recover damages on behalf of individuals injured by PFAS contamination. PFAS lawsuits fall under the umbrella of mass tort claims, not class actions. Since the damages caused by PFAS exposure can vary widely in extent and severity, each case is tried on its individual merits.
PFAS Lawsuits Are Mass Tort Claims, Not Class Actions
Class action lawsuits typically encompass a specific group of people, known as a class, who suffered similar injuries and losses. Mass torts, on the other hand, allow the plaintiffs to seek individual payouts and settlements. The plaintiff has more power to negotiate a settlement. This means mass torts claim settlements and payouts are often significantly higher.
A mass torts attorney can help you file a complaint and seek compensation by either joining an existing PFAS contamination case or filing a new lawsuit on your behalf. Although you can file a lawsuit on your own, PFAS cases can be very complex. You, therefore, benefit from working with a mass torts law firm that handles PFAS contamination claims.
How a PFAS Contamination Lawyer Can Help With Your Claim
PFAS contamination lawsuits often involve large companies with sizable legal teams. The cases often involve in-depth investigation into and understanding of medical studies, academic research, patent details, testing processes, and government agency approval processes.
In addition, you must file with the right court within the statute of limitations for your type of case.
A PFAS lawsuit attorney can handle the investigation and ensure your legal filings are correct. Rather than trying to navigate the legal process alone, you can focus on healing from your illness and spending time with your family.
Call Today to Get Connected With a PFAS Lawsuit Lawyer
If you or someone you love suffered from cancer or ulcerative colitis due to PFAS exposure, you may have grounds to pursue a PFAS contamination case. Contact Guardian Legal Network today to learn more: (844) 207-0415.