Hair Relaxer Lawsuit Statute of Limitations
Chemical hair relaxers are popular hair care products that can cause significant adverse health effects if used for a prolonged period.
Recently studies have linked chemical hair relaxers to cancer risks such as uterine cancer or endometrial cancer, ovarian cancer, uterine fibroids, breast cancer, and fertility problems in women.
In addition, other injuries that hair relaxers can cause include chemical burns, hair loss, scalp damage, respiratory issues, dizziness, and skin irritation. Victims have filed several lawsuits against notable chemical hair relaxer brands due to injuries caused by toxic chemicals in their products.
A statute of limitations is a set time limit for filing a lawsuit. You must complete this deadline to be able to file a lawsuit.
The time limit for filing a hair relaxer lawsuit varies by state, ranging from as short as one year to several years.
Therefore, it is essential to know the deadline to file a lawsuit in your state. You must consult with a lawyer who specializes in these types of cases as soon as possible to protect your legal rights.
Wondering if you’re eligible to file a hair relaxer lawsuit? Check your eligibility instantly by taking this quick quiz.
How Much Time Do I Have to File a Hair Relaxer Lawsuit?
In general, the statute of limitations for personal injury cases, including chemical hair straightening products and hair relaxer lawsuits, is between one and four years from the date of the injury, depending on the state.
Under the discovery rule, the time limit for a personal injury claim begins to run once the plaintiff knows or should have known of the injury.
This means that the clock on the time limitations begins once the injury is discovered or should have been discovered through reasonable diligence.
Suppose you had been using chemical hair relaxers since a young age. But you were diagnosed with uterine cancer five years ago. At that time there was no evidence research that linked hair relaxers to uterine cancer.
However, you recently realized that you had been a victim of uterine cancer due to the hair relaxer manufacturer’s negligence after reading the study results published by the Journal of the National Cancer Institute in October 2022.
Furthermore, the application of the discovery rule can vary depending on the state and the case’s specific circumstances. Some states may have a particular statute of limitations for cases involving the discovery of an injury, while other states may allow the discovery rule to extend the standard time limit to file a lawsuit.
Chemical Hair Relaxers vs. Chemical Hair Straighteners
Chemical hair relaxer products are used to straighten or relax tightly curled or kinky hair. They work by breaking down the hair’s protein structure, making it easier to straighten and style. Common harsh chemicals in hair relaxers include:
- Sodium hydroxide
- Guanidine hydroxide
- Ammonium thioglycolate
Keratin treatments or Brazilian blowouts are chemical products used to straighten curly or frizzy hair, commonly referred to as chemical hair straighteners. They work by coating the hair with a layer of keratin, a protein naturally found in hair, to make it smoother, shinier, and more manageable.
Hair straighteners usually include chemicals like
- Ammonium thioglycolate
- Formaldehyde – a known carcinogen
- Parabens
- Triclosan
- Phthalates
- Benzophenone-3
- Sodium hydroxide
- Guanidine hydroxide
How Hair Relaxer Products Are Linked to Uterine Cancer in Women?
The National Institutes of Health’s recent research stated that women who used hair straighteners and hair relaxers at least four times a year are twice as likely to develop uterine cancer, uterine fibroids, breast cancer, and hormone-related cancers as women who did not use these hair products.
Uterine cancer, also known as endometrial cancer, is a type of cancer that starts in the lining of the uterus. It is the most common cancer of the female reproductive system.
There have been an insane number of hair relaxer cancer lawsuits arising as more and more women are speaking up after researchers published their findings. The shocking part is even the most popular brands, such as L’oreal, Softsheen, Dark & Lovely, and ORS Olive Oil, have come under fire for facing chemical hair straightener lawsuits.
Other brands that have faced hair relaxer cases related to their hair straightening products include
- Brazilian Blowout
- Cadiveu
- Marcia Teixeira
The plaintiffs of these lawsuits have alleged that the hair relaxer companies failed to adequately warn consumers about the potential health risks associated with their hair relaxing products, including exposure to formaldehyde and other harmful chemicals.
How Long Does It Take To Settle a Hair Relaxer Cancer Lawsuit?
The time it takes to settle a hair relaxer cancer lawsuit can vary widely depending on several factors, including the complexity of the case, the number of plaintiffs involved, and the willingness of the defendant to settle.
Generally, hair relaxer lawsuits can take several months or even years to settle, depending on the specific circumstances of your case.
If you’re involved in a hair relaxer lawsuit, the willingness of the defendant to settle can be a significant factor in how long it takes to resolve the case. Some defendants may be eager to settle quickly to avoid a costly trial, while others may be more resistant and choose to fight the case in court.
As of February 2023, individuals have filed 11 federal lawsuits against hair relaxer manufacturers in courts around the United States.
Three of these hair relaxer cancer cases are set to be transferred as MDL class action lawsuits, which allow a group of people harmed by the same product to join together as a “class.”
One or more lead plaintiffs or attorneys represent the group in a hair relaxer class action lawsuit, enabling many people to pursue a claim against the manufacturer or distributor at the same time.
This type of lawsuit can reduce the costs and time required to file individual lawsuits.
How Much Are Hair Relaxer Lawsuits Worth?
The amount of compensation that the victim of a chemical hair straightener lawsuit can receive will vary widely depending on the specific circumstances of their case. For example, in a hair relaxer lawsuit, the plaintiff who was diagnosed with uterine cancer will likely receive a higher amount of compensation than a plaintiff who experienced skin irritation or less severe side effects from hair relaxer products.
Other factors that can affect the amount of compensation include:
- the cost of medical treatment
- lost wages
- pain and suffering
- the impact of the illness or injury on the victim’s quality of life
Who Is Qualified to File for a Hair Relaxer Lawsuit?
To be eligible to file for hair relaxer litigation, individuals must have suffered uterine cancer or endometrial cancer and fibroids due to using hair relaxer products.
- The plaintiff has suffered harm from using hair relaxers, such as uterine cancer, breast cancer, and ovarian cancer, uterine fibroids, and went through serious medical treatments such as hysterectomy, chemotherapy, hormone-related therapy, or any surgical procedure.
- Evidence linking the harm caused by chemical hair relaxer use, such as uterine cancer, including medical records or other documentation.
- A valid legal claim against the hair relaxer manufacturers or distributors of the hair relaxer product, such as a claim of negligence or failure to warn of the health risks associated with the hair relaxer chemicals.
How Can Uptown Injury Law Firm Help Hair Relaxer Cancer Victims?
If you or a loved one had uterine cancer due to prolonged exposure to toxic chemicals in hair relaxers, choosing the right personal injury lawyer can make all the difference.
At Uptown Injury Law, our hair relaxer lawsuit attorneys have the knowledge, experience, and dedication to help you fight for your rights and seek the justice and compensation you deserve. Take this quiz to see if you qualify for a hair relaxer lawsuit.
Our lawyers have decades of experience in personal injury and product liability lawsuits. Furthermore, Uptown Injury law has been actively fighting for justice on behalf of victims. Our team understands the devastating effects the families of victims suffer from, including emotional, physical, and financial tolls.
Furthermore, our lawyers understand the complexities of these cases and have the knowledge and resources to build a solid legal strategy on your behalf. We have a successful track record in obtaining compensation for our clients in personal injury cases, having recovered millions of dollars in settlements and verdicts.
If you want a compassionate and responsive hair relaxer lawsuit attorney who understands your pain and suffering, contact us at 855-233-8728 to schedule a free consultation and get a risk-free, no-obligation case review.
