Who can file a PFAS Lawsuit

Do You Qualify for a PFAS Lawsuit?

Per- and polyfluoroalkyl substances (PFAS), also called “forever chemicals,” are manufactured substances that do not break down and remain in the environment for decades. Some never break down at all. Studies have linked exposure to PFAS to various health concerns.

Those injured by exposure to PFAS can take legal action. In general, you can file a PFAS lawsuit if you can prove the following:

You Were Exposed to PFAS for a Prolonged Period of Time

The first qualification for filing a PFAS lawsuit is establishing that you experienced prolonged exposure to PFAS and have a detectable level of the hazardous chemicals in your blood.

Specifically, you need to prove that you lived or worked in a place where the water was contaminated with PFAS. Many cities and states across the country have reports of contaminated water. Our law firm partners can help you determine whether you consumed water contaminated with PFAS.

In addition to our drinking water, PFAS have been found in many everyday household products, including:

• Cleaning products
• Nonstick cookware
• Grease-resistant food packaging paper
• Water-resistant fabrics
• Stain-resistant coatings used on carpets, upholstery, and fabrics
• Personal care products, including nail polish, eye makeup, shampoo, and dental floss
• Firefighting foams

Individuals can be exposed to PFAS through direct contact with products and PFAS that have made their way into the environment through production. According to the United States Environmental Protection Agency (EPA), PFAS exposure commonly occurs through:

• Drinking contaminated water
• Eating foods contaminated by PFAS, including foods in packaging containing PFAS and fish caught in contaminated water
• Ingesting contaminated soil or dust
• Breathing contaminated air
• Working in certain occupations, including firefighting and chemicals manufacturing and processing

Do You Have a Health Issue Caused by PFAS?

To file a PFAS lawsuit, you must also have a health issue linked to PFAS exposure. The Centers for Disease Control and Prevention (CDC) reports that evidence suggests PFAS causes:

• Kidney cancer
• Testicular cancer
• Liver cancer
• Changes in liver enzymes that can result in liver disease
• Ulcerative colitis

If you were diagnosed with one of the above conditions, you may qualify to file a PFAS lawsuit.

Do You Have Damages from PFAS Contamination?

Finally, to be eligible for PFAS litigation, you must have losses caused by exposure to these synthetic chemicals. Recoverable compensation may include:

• Medical bills. Medical damages compensate for current and future expenses, including surgeries, hospitalizations, physical therapy, rehabilitation, diagnostic testing, prescription drugs, medical devices and equipment, chemotherapy, radiation, and nursing services.
• Lost wages. You can seek lost wages and employment benefits. You can also pursue compensation for your lost future earnings and reduced earning capacity.
• Pain and suffering. Pain and suffering damages compensate for intangible losses, including permanent and disabling medical conditions, severe and chronic pain, scarring, disfigurement, depression, stress, anxiety, loss of enjoyment, and diminished quality of life.
• Punitive damages. Punitive damages are rare, but juries have awarded them in mass torts where manufacturers knowingly exposed consumers to harmful chemicals.

How to Join a PFAS Lawsuit

PFAS lawsuits have been consolidated into multidistrict litigation (MDLs). This legal mechanism is similar to a class action lawsuit, allowing plaintiffs to band together to take action against the same defendant for similar injuries.

MDLs differ from a class action, where claims are combined into a single suit, and the court hands down one verdict that the plaintiffs divide evenly. With an MDL, claims are combined into one court, but not one case. Consolidation streamlines the legal process and lessens plaintiffs’ individual costs and burdens, but the court makes rulings and awards damages on a per-case basis. Therefore, your compensation will be more representative of your actual losses.

A mass tort attorney can review your claim and help you join an MDL.

Deadlines for Taking Legal Action

How long you have to file a PFAS lawsuit is determined by the statute of limitations for product liability where you live. Some states allow as little as one year.

The clock starts when your medical problems occur or are discovered. In some locations, the law includes a statute of repose that could extend your deadline. If the statute of limitations expires, the court will likely bar you from taking legal action.

Who Is Liable for PFAS Contamination?

Individuals, firefighters, first responders, municipalities, and other entities responsible for drinking water have brought PFAS lawsuits against numerous corporations. According to Bloomberg Law, plaintiffs have filed more than 6,400 PFAS suits since 2005.

Companies named in PFAS litigation include but are not limited to:

• 3M Company
• DuPont
• Chemguard Inc.
• Kidde-Fenwal Inc.
• National Foam Inc.
• Dynax Corp.
• The Chemours Company

Do You Need a PFAS Contamination Lawsuit Attorney?

PFAS lawsuits are complex and require that plaintiffs go up against large and wealthy defendants with near-limitless resources. Working with a PFAS lawsuit lawyer can give you a legal advocate in your corner who will stand up for you and your rights.

An attorney can:

Build Your Claim

A lot of work goes into constructing a solid PFAS claim. You must prove you experienced PFAS exposure, have a health condition caused by the chemicals, and suffered economic and noneconomic damages.

A lawyer can collect evidence and do the work necessary to build your case, including drafting and filing paperwork, tracking and managing deadlines, and communicating with involved parties on your behalf.

Be Your Voice

Corporate greed and irresponsibility should not be allowed to go unchecked. A PFAS contamination attorney can advocate for you and make your voice heard. Your lawyer will aggressively fight for the compensation you need, protect you from pressure to accept a lowball offer and defend against bad-faith tactics. If necessary, our co-counsel can represent you at trial.