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What Is the Statute of Limitations for Filing an AFFF Firefighter Foam Lawsuit?

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In the Aqueous Film-Forming Foam (AFFF) legal battles, time is pivotal in seeking justice. As AFFF-related cases continue to rise, individuals exposed to this firefighting foam struggle with a critical question: what is the statute of limitations for filing an AFFF lawsuit?

Generally, the statute of limitations for filing an AFFF lawsuit is 2 to 3 years. However, some states have extended this timeframe, allowing you to take legal action regardless of when the exposure occurred.

In this blog, we will navigate the time-sensitive nature of seeking justice and compensation in AFFF lawsuits.

Which Diseases Are Linked to AFFF Fire-Fighting Foam Exposure?

AFFF firefighting foam presents significant hazards, as PFAS chemicals can enter the body through inhalation, ingestion, or skin absorption. Moreover, prolonged exposure to firefighting foam can lead to severe and life-threatening health disorders.

The Environmental Working Group (EWG) and Centers for Disease Control and Prevention (CDC) both warn that AFFF or PFAS-contaminated water exposure increases cancer risk, thus establishing a clear link between firefighting foam and this devastating disease. The following types of cancer have been linked to the toxic forever chemicals (PFAS) found in AFFF:

  • Kidney cancer
  • Testicular cancer
  • prostate cancer
  • Ovarian cancer
  • Bladder cancer
  • Liver cancer
  • Breast cancer
  • Pancreatic cancer
  • Leukemia
  • Lymphoma

Additionally, communities exposed to firefighting foam chemicals may experience other health problems, such as:

  • Immune system damage
  • Congenital disabilities
  • Fertility issues
  • Thyroid disease
  • Liver damage
  • Asthma
  • Elevated cholesterol levels

The presence of these diseases highlights the urgent need to address the health risks associated with AFFF. Immediate action is crucial to prevent further harm to communities and protect their well-being.

What Are the Criteria for the Firefighting Foam AFFF Lawsuits?

The criteria for AFFF lawsuits outline some essential factors, such as:

AFFF Foam Exposure: To pursue a lawsuit, it is essential to demonstrate that you have been exposed to PFAS-containing firefighting foam.

Health Issues: You must have experienced specific health issues related to AFFF exposure, such as cancer, environmental harm, or other health issues.

Link to AFFF firefighting foam: Establishing a connection between your exposure to AFFF firefighting foam and the diagnosed health problem is crucial. This connection will demonstrate that exposure to PFAS causes health issues.

Statute of Limitations: Filing your AFFF lawsuit within the statute of limitations is vital to ensure your claim is not time-barred. The timeframe may vary depending on the jurisdiction where the lawsuit is filed.

Legal Options: Understanding the available legal options is essential. It may include individual lawsuits, class-action lawsuits, or multidistrict litigation (MDL) based on the specific circumstances of your case.

Consult with an Attorney: Consulting with firefighting foam cancer lawyers experienced in AFFF litigation is recommended. They can assess the details of your case, evaluate the criteria, and guide you on the best legal course of action.

What Is the Validity Period of AFFF Lawsuits?

The validity period, or statute of limitations, for filing an AFFF foam lawsuit can vary from state to state in the United States. You can successfully file an AFFF lawsuit within 2-3 years of disease diagnosis due to firefighting foam. However, some states have extended this period, enabling legal action for harms caused by previously unknown AFFF products, as long as you discover the connection between your diagnosis and the toxic firefighting foam within a reasonable timeframe.

What Damages Can I Recover in a Firefighting Foam Lawsuit?

If you’re considering to file an AFFF lawsuit, it’s important to know what damages you may be able to recover. You may be eligible to receive compensation for various damages, including:

Medical Expenses: You can seek reimbursement for medical bills associated with treating AFFF-related health conditions.

Pain and Suffering: Compensation may be awarded for the physical and emotional distress caused by the consequences of AFFF firefighting foam exposure.

Lost Wages: If your illness or treatment has resulted in missed work or reduced earning capacity, you can pursue compensation for lost wages.

Future Expenses: In cases where ongoing medical treatment or care is necessary, you may be able to recover damages for anticipated future expenses.

Mental Anguish: Damages can be awarded for the psychological impact, mental anguish, and emotional suffering caused by AFFF exposure.

Other Financial Losses: Out-of-pocket costs directly related to AFFF-related illnesses, such as transportation expenses, home modifications, or necessary lifestyle changes, may be eligible for compensation.

Damage Recovery in Wrongful Death Lawsuits: In the unfortunate event of a loved one’s death due to AFFF-related cancer or health complications, you may have the option to file a wrongful death lawsuit. This legal action allows you to seek compensation for losses such as loss of companionship, funeral costs, and other financial losses.

How Does an AFFF Class-Action Lawsuit Differ From an Individual AFFF Lawsuit?

In a class-action lawsuit, individuals with similar claims or damages come together to file a unified AFFF lawsuit. This process reduces costs and enhances efficiency. Conversely, a single plaintiff independently pursues legal action in an individual case.

Moreover, class-action lawsuits distribute settlement amounts among all class members, ensuring fairness. On the other hand, individual AFFF cancer lawsuits offer a more personalized approach. The choice between the two depends on the specific circumstances of the case and legal strategies.

Is There an Ongoing AFFF Class-Action Lawsuit?

In February 2020, victims took legal action by filing an AFFF class-action lawsuit against firefighting foam manufacturers. They alleged that the manufacturers knowingly produced and sold AFFF despite being aware of the health and environmental risks associated with PFAS chemicals. Those affected are currently seeking compensation for medical expenses and a court-supervised water testing program.

What Settlement Amounts Can I Expect From an AFFF Lawsuit?

Based on our analysis, the average settlement amount for an AFFF lawsuit could be over $150,000, and the average jury verdict could exceed $1,000,000. Currently, the manufacturers of Aqueous Film-Forming Foam (AFFF) are not inclined toward settlement. However, when estimating the settlement AFFF lawsuit settlement amounts, several factors come into play, such as the specific type of cancer and its severity. While it is still early to provide precise predictions on the firefighting foam settlement amount, we can draw upon prior mass tort cases as a basis for speculation.

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Get Help From Uptown Injury to File an AFFF Firefighting Foam Lawsuit

If you or a loved one have been diagnosed with an illness and suspect AFFF firefighting foam as the cause, acting swiftly and seeking legal assistance is crucial. At Uptown Injury Law, our team of experienced firefighting foam lawyers is ready to advocate for your rights. Moreover, we understand the complexities of these cases and are dedicated to helping you navigate the legal process.

Contact us or call us today at 917-540-8728 to get in touch with our AFFF lawyers and initiate your free case review. 

FAQs

What Is the Connection Between Firefighting Foam and Cancer?

Growing evidence suggests a link between AFFF and increased cancer risk. PFAS chemicals present in the foam are associated with various types of cancer, such as testicular cancer, prostate cancer, and kidney cancer.

Can I File a Personal Injury Claim if I Developed Cancer Due to AFFF Exposure?

Yes, if you developed cancer or other severe medical conditions due to AFFF exposure or AFFF contamination, you may be eligible to file a personal injury lawsuit. It can help you seek compensation for your injuries, cancer diagnosis, medical bills, and emotional suffering.

How Can Firefighting Foam Attorneys Help in AFFF Lawsuits?

A firefighting foam attorney specializing in AFFF lawsuits has the necessary expertise to navigate the complexities of these cases. They can provide legal guidance, gather evidence, and negotiate settlements on your behalf.

What Role Do AFFF Manufacturers Play in Firefighting Foam Lawsuits?

AFFF manufacturers play the role of defendants in firefighting foam lawsuits. They face accusations of producing and distributing firefighting foam that contains toxic forever chemicals (PFAS).

How Long Does It Typically Take to Resolve an AFFF firefighting foam Lawsuit?

The duration of AFFF foam lawsuits can vary due to several factors. Delays can occur based on the complexity of the case, the defendant’s willingness to settle, and the court’s schedule. Moreover, settlements may resolve some cases, while others may proceed to trial, resulting in a longer timeline.

Can I Join a Firefighting Foam Cancer Lawsuit if I Am Not a Firefighter?

Yes, firefighting foam cancer lawsuits are not limited to firefighters alone. Individuals exposed to AFFF in other professions, such as airport personnel, industrial workers, or residents living near affected sites, can also be eligible to join these lawsuits if diagnosed with cancer or other health issues due to AFFF exposure.

What Role Does the Firefighting Foam Cancer Lawyer Play in AFFF Firefighting Lawsuit?

Firefighting foam cancer lawyer specializes in handling AFFF-related cases and represents individuals who have developed cancer due to exposure. They provide legal advice, investigate the contamination sources, gather evidence, build a strong case, and advocate for fair compensation on behalf of their clients.

How National Fire Protection Association (NFPA) Is Regulating Firefighting Foam Products?

The NFPA develops and publishes codes, standards, and guidelines to ensure fire protection and prevention safety. While the NFPA does not have regulatory authority, its standards may influence industry practices and the safe use of firefighting foam products.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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