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GUIDE TO FILING A PFAS CASE: STEPS AND LEGAL ...

Gregg Banton
July 19, 2024
6

GUIDE TO FILING A PFAS CASE: STEPS AND LEGAL CONSIDERATIONS

PFAS compounds pose a serious threat to human health and safety, and their makers covered up evidence to that effect in order to continue to sell products made from it. The PFAS lawsuit attorneys at Oberheiden P.C. aim to help victims recover the compensation that they deserve and to hold these companies accountable for what they did.

Gregg Banton

July 19, 2024
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Transcript

  1. CONSULTATION WITH A PFAS LAWYER Before proceeding, it's advisable to

    consult with a lawyer who specializes in environmental law and has experience with PFAS cases. They can assess your situation, advise you on the strength of your case, and explain your legal options.
  2. GATHER DOCUMENTATION AND EVIDENCE Collect all relevant documents and evidence

    related to your exposure to PFAS. This may include medical records, test results showing PFAS contamination, property records, correspondence with relevant authorities or companies, and any other documentation that supports your claim.
  3. IDENTIFY RESPONSIBLE PARTIES Determine who may be liable for the

    PFAS contamination or exposure. This could include manufacturers of PFAS chemicals, companies that used or disposed of PFAS-containing products, or entities responsible for environmental contamination.
  4. DRAFT AND FILE COMPLAINT Your lawyer will draft a legal

    complaint outlining the details of your case, including the facts of the contamination or exposure, the legal basis for your claim (e.g., negligence, strict liability), and the damages you are seeking. The complaint will be filed in the appropriate court where jurisdiction is proper (e.g., state or federal court).
  5. SERVE THE COMPLAINT Once the complaint is filed, it must

    be properly served on all defendants named in the lawsuit according to legal requirements. This ensures that the defendants are notified of the lawsuit and have an opportunity to respond.
  6. DISCOVERY PHASE After the defendants respond to the complaint, the

    discovery phase begins. This is where both sides exchange relevant information and evidence through methods such as written discovery(e.g.,interrogatories,requests for production of documents) and depositions.
  7. SETTLEMENT NEGOTIATIONS OR TRIAL Depending on the circumstances of your

    case, there may be opportunities for settlement negotiations between your lawyer and the defendants' representatives. If a settlement cannot be reached, the case may proceed to trial, where a judge or jury will decide the outcome based on the evidence presented.
  8. RESOLUTION AND COMPENSATION If successful, you may be awarded compensation

    for damages such as medical expenses, property damage, loss of income, and potentially punitive damages if the defendants' conduct was particularly egregious.