You have probably heard about the various lawsuits related to injuries suffered by women who used hair straighteners and relaxers. Perhaps you are wondering whether you or a loved one who used these products can recover compensation. Pursuing litigation over a hair straightener claim is serious business involving a number of steps. Here, we review four of them. If you were injured after using hair straighteners, Rueb Stoller Daniel can explain your legal options.
Step 1: Determine your eligibility
Arguably your first step is to determine if you are eligible to take legal action at all. This involves answering a few preliminary questions, including:
- Have you ever used any hair relaxer products?
- Do you currently use any such products?
- Which products (meaning, from which manufacturers) did you use?
- Did you use these products on your scalp as instructed?
- Were you diagnosed with uterine, ovarian, endometrial, or another type of cancer after using these products?
Depending on your answers to the above and other questions, you may qualify to file a lawsuit. A knowledgeable mass tort lawyer can guide you.
Step 2: Gather supporting evidence for your claim
Next, you will need to start collecting important evidence to support your lawsuit. This may include, among other pieces of evidence:
- Which hair relaxer products you used
- When and how often you used them
- Any proofs of purchase you may have
- Any receipts of visits you made to a salon that used such products
- How exactly you or someone else applied them (the details of the methods used)
- Medical records related to any diseases you developed after using hair relaxers
- The symptoms and prognosis of your illness
The actual evidence may include anything from personal notes to more official documents like medical records. Be sure to err on the side of more rather than less evidence.
Step 3: Retain a knowledgeable attorney to file a claim
An attorney will work to develop a case and file your lawsuit. The lawsuit will identify the responsible parties (defendants) and how their actions harmed you. Your lawyer will make sure the necessary court papers are properly filed and served.
This is a step you can take without a lawyer, but it is not advised. Complaints must be written and organized in a way that clearly lays out the allegations in your lawsuit. The necessary legal elements must be shown and the damages explained. There are plenty of other formalities that have to be met, including the way service is accomplished. Failure to follow the various rules that govern these lawsuits could jeopardize your right to compensation.
Step 4: Discuss settlement with the defendants or, if needed, seek a trial
There are generally two paths your lawsuit will take: settlement or trial. Where possible, your lawyer will work to settle your claim on terms that are fair and reasonable to you. Your attorney can help you negotiate the best possible deal, and explain the risks and benefits of settlement versus trial. But your lawyer cannot make you take a settlement offer you don’t want. Ultimately, if the defendants’ offer is not acceptable to you, trial is the next step.
Here To Advocate For Your Best Interests
Hair straighteners have caused major injury to countless victims, who deserve and demand justice. Our experienced legal team is here to make that happen. We are ready to walk with you each step of the way and seek the maximum damages under the law. Were you or a loved one harmed by these products? Reach out to Rueb Stoller Daniel to schedule your consultation today.