Aqueous film-forming foam, known more commonly as firefoam, has left many people facing serious illnesses such as cancer. If you or a loved one have been harmed by firefighting foam, you want and deserve the most available damages.
Victims in a firefoam injury lawsuit can seek compensation for financial losses such as medical bills, lost wages, lost earning capacity, and more. Certain non-economic damages, which are more subjective, may also be available depending on an individual victim’s case.
Rueb Stoller Daniel explains how we work to claim the highest amount of damages for our clients.
Step 1: Explaining Which Damages You Can Seek
Every firefoam case is different, which means the type and amount of damages will vary from one case to another. When a client retains our firm to help with their firefoam injury lawsuit, we review the potential damages. Here are some types of damages that may be available.
Firefoam has been linked to several diseases, including cancer. Victims typically require significant, long-term treatments to address these issues. And the medical bills may not be for just physical treatments. Some victims develop depression and anxiety due to their conditions. Prescription medications, surgery, and adaptive medical equipment could be necessary.
Lost Current and Future Wages
During a victim’s recovery and treatment, he or she will miss time from work. The same will happen when the victim attends court and handles related matters. Serious illnesses and diseases can also cut short a promising career. If this occurs, the victim will lose future income, bonuses, benefits, and more.
Courts can compensate victims for current and future lost wages.
Some damages are subjective and therefore more difficult to calculate. Nonetheless, they are real and victims experience them because of firefoam exposure. This category of damages is known as non-economic. Some examples are pain and suffering, emotional distress, loss of enjoyment of life, and others.
Step 2: Obtaining the Evidence
Lawsuits are won or lost on the evidence, and it’s up to victims to acquire the proof they need. We use formal and informal methods to obtain evidence to support our clients’ firefoam cases. Formal methods include discovery tools such as depositions, interrogatories, and requests for documents. Informal methods include information and records provided by the client and third parties.
Throughout this process, we thoroughly investigate and uncover whatever facts we can to support the damages being sought.
Step 3: Settlement, if Possible
Armed with the evidence and arguments you need, we negotiate directly with the insurers and lawyers representing the defendant. Settlement is always an option, even up to the day of a trial. It can save time, money, and the stress of court. We will pursue this option provided the lawyers and insurance companies are reasonable and negotiate in good faith.
Step 4: Trial, if Necessary
If the insurers and lawyers are unreasonable in their settlement negotiations, we may recommend going to trial.
Our lawyers are experienced trial attorneys who understand the complexities of litigation. That means knowing the substantive laws as well as rules of civil procedure, evidence, and local courts. Failure to understand and apply these various laws and rules could jeopardize your case.
Part of what we do in a trial is asking expert witnesses to testify on your behalf. These are individuals with technical or specialized knowledge who can explain complex subjects to a jury. For instance, a scientific expert witness can explain why firefoam chemicals are dangerous. Meanwhile, a medical expert can discuss the treatments you will likely need now and in the future.
Expert witnesses help solidify the attorney’s arguments and substantiate the damages that victims seek.
Building the Strongest Firefoam Injury Case
Were you or a relative injured by firefoam? Would you like to know the kinds of damages that may be available and how we pursue them? Reach out to Rueb Stoller Daniel. We can begin working on your legal case today.