If you or a loved one were made sick because of AFFF firefighting foam, you could be eligible for damages. Monetary damages are generally intended to compensate a victim for losses caused by a negligent party (e.g. AFFF manufacturers). What sorts of damages will you be able to claim in a firefighting foam lawsuit? And how much might you be able to seek?
The answer will depend largely on the circumstances of your case and the legal counsel you retain. Rueb Stoller Daniel takes a close look here.
What Are Damages?
In a civil lawsuit, such as one alleging injury because of a dangerous product, victims seek monetary damages. These are usually designed to compensate the victim for losses suffered because of the injury.
In some cases, punitive damages are available. As the name implies, punitive damages punish a wrongful party for particularly irresponsible or harmful conduct. Punitive damages are not available in most cases because the goal of damages is usually to make the victim whole. In other words, damages are mainly to help get a victim’s life back to normal, as it was before the injury.
The nature and amount of damages will vary from one firefighting foam lawsuit to another. The specific facts of your case will largely affect the damages amount. So will the experience and skill of the legal representation you hire.
Possible Damages in Your Firefighting Foam Lawsuit
Depending on the nature of your injuries, you could be eligible to seek the following damages, among others.
These may cover the costs of treating your cancer or other disease. Many victims will need treatments long into the future. Some will need help with psychological issues such as anxiety and depression. With the help of expert witnesses, you can estimate a reasonable sum to cover these and other expenses.
While you are recovering from or receiving treatment for your medical condition, you will miss time from work. You will also miss work while attending to legal matters associated with your firefighting foam lawsuit. You can seek lost wages as part of your total damages.
Lost Earning Capacity
Because of your disease, you may not be able to work the same job as before. Or you may not be able to work at the same productivity level. Sadly, many promising careers are cut short because of injuries stemming from dangerous products.
Talk to your attorney about asking for damages to cover your lost earning capacity.
Certain types of damages are called non-economic because their value is subjective and more difficult to calculate. These include injuries such as pain and suffering, emotional distress, and loss of enjoyment of life. You will want to take ample notes about how your AFFF-related illness has impacted your life.
As mentioned above, some cases qualify for punitive damages based on the at-fault party’s conduct. Your attorney will investigate the circumstances of your firefighter foam lawsuit and let you know if punitive damages are an option.
If the victim dies from his or her injuries, eligible survivors can seek wrongful death damages. Wrongful death lawsuits are similar in nature to those involving dangerous products. They can be filed to recover compensation for the victim’s final medical expenses, funeral costs, and other damages.
Helping You Recover the Maximum Compensation for Your AFFF Injuries
When clients retain Rueb Stoller Daniel for their AFFF firefighting foam lawsuits, we get to work investigating their claims. That means uncovering all of the evidence needed to seek the most damages available under the law.
Have you or someone you care about been harmed by firefighting foam? Reach out to our firm today.