Pesticide-related illnesses are a serious problem. If you’ve been exposed to toxic chemicals and have developed health issues, you may be entitled to compensation for your medical expenses. But where do you start? What steps do you take? We’re here to help. Here are our tips for filing a successful lawsuit against the manufacturer or distributor of the product that caused your injuries:
Hire an Attorney
The most important thing to know about filing a lawsuit for health issues due to hazardous chemicals in pesticides is that you will need an attorney. While the lawyer cannot help you collect evidence or testify in court, they can help you file the lawsuit.
Once a person has been diagnosed with cancer or other illnesses linked to exposure to toxic chemicals, they should contact an attorney immediately. The best time for this is before any medical treatments begin and before any medical bills are paid by insurance companies or Medicaid. Then, an attorney will work with a client through several stages of legal proceedings. These are discovery or collecting evidence, mediation or negotiating with another party, and trial if necessary. The goal of these steps is ultimately getting compensation for one’s injuries from those who caused them. It could ideally prevent future harm from coming from similar situations happening again.
Know What Lawsuit to File
When deciding how to proceed, you must know what kind of lawsuit to file. The most common options are personal injury, wrongful death, and product liability.
A roundup lawsuit is another helpful option if you were harmed by chemical exposure because of the roundup weed killer. It contains an active chemical ingredient known as glyphosate, which can cause a cancerous disease called non-Hodgkins lymphoma. If diagnosed, the patient is eligible to file this lawsuit against the company. These lawsuits seek compensation for everyone harmed by the chemical. The glyphosate present has been proved to be a probable human carcinogen classified by the World Health Organization.
Suppose you think someone died from herbicide or pesticide use in their workplace or home. In that case, it may also be possible for your loved one’s estate to file a wrongful death claim against those responsible for their death.
Statute of Limitations
Once you get a diagnosis, it’s time to learn about the statute of limitations in your state. The statute of limitations is a time limit within which you have to file a lawsuit. The time limit varies by state and depends on the claim type. For example, if someone sues their employer for wrongful termination and sexual harassment, they only have one year from when the incident occurred or last occurred. It depends on how many years back it goes to file their case with the court. If they don’t meet this deadline, they won’t be able to move forward with their lawsuit.
With most lawsuits involving health issues due to hazardous chemicals in pesticides, these statutes typically don’t apply because there isn’t an end date. Therefore, your symptoms could still occur even though today is well past any applicable deadlines. However, some states offer limited exceptions under certain circumstances, like when minors are involved in the case.
Collect Important Documents and Records
If you’ve been injured because of pesticide exposure, you must gather as much information on the incident as possible. You should keep copies of all documents and records related to your case in a safe place.
Here are some things that would be helpful to have:
- All medical records for any injuries or illnesses related to the incident, including doctor’s notes, hospital bills, and test results.
- Copies of insurance or worker’s compensation claims filed after the incident.
- A list of witnesses who saw what happened before, during, or after the exposure. It can include people from within your household affected by breathing in pesticides nearby.
Collect Evidence
You will also want to collect evidence that shows how you were exposed to the chemicals, how often, and for what length of time. You can use its information to demonstrate your injury and the extent of damages suffered. Evidence may include medical records, photos, videos, eyewitness testimony, and other documents relevant to your claim.
It can be challenging if someone else can’t witness the exposure without endangering themselves or others. It is so because there are no witnesses other than yourself who can support or deny your claim.
Remember that even photographs taken by family members can be sufficient proof when other types of evidence are used. These could be an occupational health report showing high pesticides on clothing or skin samples taken by a doctor involving pesticides at work. In addition, it may show traces of toxic chemicals in blood tests done during treatment for exposure-related symptoms like headaches or nausea.
File on Time
If you’re in the process of filing a lawsuit for health issues due to hazardous chemicals in pesticides, note that time is of the essence. Any delay could mean your case might be dismissed or compromised.
For example, if you know you have been injured by exposure to harmful pesticides but wait too long before consulting with an attorney, you may find yourself without legal recourse. The statute of limitations sets a strict timeline for filing lawsuits and other claims against parties who have harmed others.
Complete Legal Processes
Once you have filed a lawsuit, collect evidence of any health issues. Also, contact an attorney for assistance if other people suffer from health problems due to the toxic chemicals and want to join your lawsuit.
For your case to move forward in court, you must testify about what happened and how it affected you. Your testimony will also help convince other people who were exposed that they should also join your lawsuit.
Before going through all these steps, consult an experienced attorney for advice on whether filing this type of case is worthwhile for your situation. Also, get advice on what steps to take before depositions can begin or filings are made with courts.
These Steps Can Help You File Lawsuit
If you believe a pesticide has caused health issues or an illness, you have the right to file a lawsuit. The first step is to determine the chemical used in the product and then research any available evidence about its health effects. Once you’ve gathered enough information about your case, reach out to a lawyer specializing in this area of law. They can help guide you through every stage of litigation, from filing paperwork to settlement negotiations.
