Filing a firefighting foam lawsuit is only the beginning of what can be an extensive and complicated legal process. There are a number of rules and procedures that have to be followed, on top of making a strong case. While victims have the right to take action on their own, it is strongly advised that they retain legal counsel.
Rueb Stoller Daniel explains how having the right attorney can make all the difference in your AFFF firefighter foam lawsuit.
Knowing the Issues and the Law
The burden of proof in a civil case rests with the injured plaintiff. Substantiating each and every aspect of your claim is therefore essential, as is refuting the defendant’s arguments. To make the best possible case, you need to thoroughly understand the issues involved.
These issues include:
- What makes AFFF firefighting foam so dangerous?
- What are the PFAS “forever chemicals” and what role do they play in these lawsuits?
- What is the link between PFAS and your illness?
- How do you establish that the manufacturers of AFFF were negligent?
- How can you prove the nature and amount of your legal damages?
These are just a few of the issues you will need to know before filing a lawsuit. You also need to know the laws that concern dangerous products like firefighting foam. Showing that you suffered a personal injury, as defined in the law, means more than demonstrating you were hurt. You must also establish, among other things, that the AFFF manufacturer is legally liable.
An attorney with experience handling mass tort and class action lawsuits is best positioned to help. That’s where you can count on Rueb Stoller Daniel.
Knowing How Lawsuits and Trials Work
Every aspect of a personal injury and dangerous product lawsuit is governed by complex rules. From filing and serving your lawsuit to trying your case in court, strict rules control nearly everything. Here are some examples.
The rules of civil procedure exist to standardize litigation proceedings and ensure due process and other rights are respected. For instance, there are certain requirements for properly serving legal papers on a defendant. These requirements ensure the defendants are made aware of the lawsuit so they have the chance to respond.
Not following the rules of civil procedure could delay legal action or jeopardize your ability to seek damages.
Judges have to make sure that any evidence admitted in court is relevant, reliable, and meets other important criteria. This is why rules of evidence exist. You may have a strong piece of evidence that supports your claim. But if it breaks an evidentiary rule, the court won’t allow it to be considered by the jury. We know what it takes to ensure compelling evidence is admitted.
Discovery is the formal process by which parties request and exchange relevant evidence in a lawsuit. There are various discovery tools that plaintiffs and defendants alike can use. Some examples are depositions, requests for production of documents, and subpoenas. You need to be familiar with how to use and answer discovery requests, but an attorney can handle this critical step.
Proving Your Damages
You may be eligible to seek a number of damages in your firefighting foam lawsuit. Some examples are:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Emotional distress
- Wrongful death (if you are filing a wrongful death lawsuit on behalf of the deceased injury victim)
Many of these damages are those you have already incurred. But some of them will not arise until later. For example, if you develop cancer, you may need years of future medical treatments. If your career ends because of your illness, you will miss out on potentially decades of earnings.
Projecting future damages such as these requires more than just guessing. You will need the testimony of an expert witness. This is someone with specialized knowledge who can explain complex subjects to a jury. For instance, a medical expert witness can explain the treatments you will likely need in the future for your condition. This information will then be used to make a reasonable estimate of your future medical costs.
Our firm has a reliable network of expert witnesses who can provide the testimony needed to seek the most compensation. We know what it takes to develop this testimony in court and use it to the client’s advantage.
You Can Rely on Rueb Stoller Daniel in Your Firefighting Foam Lawsuit
We are actively seeking individuals who have been injured by AFFF firefighting foam. Our commitment is to represent you with the legal experience and professionalism you deserve. To get started with your firefighting foam lawsuit, schedule your free consultation with us today.