The Gutierrez Law Firm’s team of Texas mass tort lawyers can help you or a loved one if you have experienced health issues because of chemical toxins in your water supply, specifically perfluoroalkyl and polyfluoroalkyl substances (PFAS). These chemicals don’t dilute or break down over time and have been linked to the development of several different types of cancers and other serious illnesses. To learn more about your options, contact us today for a free consultation.
Do You Need a Lawyer?
Facing huge corporations in court can be extremely intimidating. But when you or a loved one have suffered cancer or some other illness, it certainly changes things. However, you might be wondering if you need a lawyer or if you can even file a claim.
The answer here depends on your situation. PFAS can be detected in the blood, so if you believe you were exposed to these chemicals in water and show certain medical issues as a result, you may be able to join the mass tort claim. Specifically, you can file a claim if you:
- Were exposed to PFAS since 2000
- Developed testicular, kidney, or liver cancer or ulcerative colitis
- Were exposed to PFAS in your water supply for more than six cumulative months from 1990 to the present.
Again, the health issues associated with PFAS are very serious and have created numerous health problems for families in Texas and throughout the country. Still, it’s important to understand what happened and how it may connect with your injuries.
How Did PFAS Contamination Happen?
Unfortunately, PFAS have been used extensively throughout the United States since at least the 1940s. Initially, numerous companies used these substances in numerous products like:
- Firefighting foams
- Non-stick cookware
- Waterproofing treatments
- Food and food packaging
- Cosmetics
Eventually, these substances–known as “forever chemicals” because of how they don’t break down in either the human body or environment–leached into the environment through landfills, military bases, and various other sources. Further, improper disposal contaminated the water, air, and soil of the surrounding areas.
Compounding the problem was years of inadequate regulation and government oversight. This made the problem worse, and it persisted for generations before it was even known. By the time the scope of the problem was understood, PFAS were already found in the blood of 97% of those in the United States according to the Pew Research Center.
As a result, numerous lawsuits were filed against the manufacturers of these substances.
What Are Your Legal Options After PFAS Exposure?
If you can prove a certain level of exposure to PFAS and connect it to your health issues or other injuries, you have certain legal options. Generally, mass tort litigation is a bit different than class action lawsuits. While class actions combine similar claims together and then have them represented by one plaintiff, mass torts involve a large number of plaintiffs each with similar claims, all of which proceed as individual lawsuits.
As it relates to PFAS exposure, you’d typically need to provide specific evidence, including:
- Confirmation of exposure – You’ll need evidence of your exposure to PFAS, which could include records of living near contaminated sites or consuming contaminated water.
- Documentation of health effects – You’d also have to show evidence of any health issues you’ve experienced, such as medical records or tests from healthcare providers.
- Establishing a connection – It’s crucial to show a link between PFAS exposure and your health problems. This might involve expert testimony from medical professionals or scientific evidence. Our experienced legal team can help you with this step.
It’s important to note that the evidence needed for your claim may vary depending on the specifics of your situation. If you’re considering filing or joining a lawsuit, our team can provide guidance on the requirements and help you build a strong case. Also, we’ll make sure you meet the statute of limitations for an injury claim. In Texas, you have two years from the date your injuries are discovered to file.
What Can Be Recovered in a PFAS Claim?
Once your PFAS claim is filed, it gives you the same access to financial support under the law as any other injury claim in Texas. And like any other claim, these depend on the specific injuries and other losses you have experienced because of your exposure to PFAS. So, in a successful claim, you can potentially recover things like:
- Coverage for past, current, and future medical expenses.
- Financial considerations for lost earnings during recovery from an eligible illness, with lifetime support available for victims who had to give up their careers or military service due to their illness.
- Support for pain and suffering endured during medical treatment and chemotherapy.
- Additional support for emotional trauma, including anxiety and depression resulting from a difficult recovery or lifestyle changes.
- Financial support for the loss of quality of life or companionship with a spouse.
- Wrongful death benefits, where your surviving family members can request help with burial costs and past medical bills. Spouses, children, and other close relatives may also be able to recover additional support for lost income and emotional assistance due to your inability to provide care.
How Can You Strengthen Your PFAS Claim?
Another similarity between a PFAS claim and a typical injury claim is that you, as the person filing the claim, have to show the extent of your damages. This means providing evidence, which varies from case to case. That said, you can strengthen your claim by providing:
- Medical records – These documents will show any injuries, illnesses, or adverse reactions from using the hair product, establishing a connection between the product and the harm.
- Expert witness testimony – Professionals knowledgeable about the PFAS and their toxins can testify to its potential health risks, strengthening your case.
- Scientific research – Studies showing the PFAS risks and side effects help support your claim by linking them to your illness.
- Consumer complaints – Gathering accounts from people who experienced negative effects from the product helps demonstrate a pattern of harm.
- Financial losses – If the product caused financial harm like medical bills or lost wages, providing documentation such as medical bills or pay stubs is crucial.
Gathering and presenting this evidence can be daunting. Our team of personal injury lawyers has the expertise and resources to guide you through this process and make sure your claim is strong. And remember, it’s crucial to act quickly if you suspect any health problems you’ve experienced are linked to PFAS exposure.
The Gutierrez Law Firm Stands Up For Texas PFAS Injury Victims
Every day brings new obstacles for those who have faced cancer or other serious health problems from PFAS exposure. At The Gutierrez Law Firm, we understand the harmful effects these substances have had on you and your loved ones. Our team believes companies making dangerous products should be held accountable. We’ll explain your options and then stand up for your rights throughout the claims process. To get started, contact us today for a free consultation and claim evaluation.