How Lawyers Are Helping Firefighters Hold AFFF Manufacturers Accountable

 Firefighters are known for their bravery, but they often face a more difficult task when they return from the fire ground than putting out the flames. While fighting fires, firefighters can be exposed to hazardous chemicals that can cause lasting health problems. In some cases, these chemicals may even lead to death.

It is why firefighters must have a strong legal team that can hold negligent manufacturers of AFFF accountable and secure compensation for their suffering.

This article will shed light on how lawyers are helping firefighters in holding the manufacturers of AFFF accountable for the injuries they have suffered due to their negligence.

1. Investigating the Case

When a firefighter is injured due to a defective product, they may not be able to gather all the evidence. It is where lawyers come in. Lawyers can help firefighters by investigating the cause of their injuries and gathering evidence to help prove their case.

Lawyers will hire private investigators who will go out and interview witnesses who were at the site. These interviews are crucial because they can give lawyers insight into how dangerous certain chemicals are when used incorrectly. In addition, lawyers help gather evidence and contact experts in other fields to assist with their investigation.

To build your case against a manufacturer of AFFF products, you must collect as much information about your injury as possible. It includes medical records from doctors who treated or examined you after the fire, photographs, videos at the scene, communications between the manufacturer and its representatives, etc.

2. Identifying Responsible Parties

When a firefighter is injured, it's crucial to identify all of the parties who may be responsible for their injuries. The first step in this process is determining who manufactured, distributed, and sold the AFFF products that caused the pain.

Lawyers helped prove that these parties knew that their products could cause serious health problems but did provide an adequate warning regarding the risk involved. Because of this negligence, many people suffered by using AFFF during fires.

Depending on the circumstances, you may be able to recover damages from the parties like the manufacturer of the AFFF products, the distributor, and the retailer.

3. Filing a Lawsuit

If you believe that AFFF harmed you and need legal representation, knowing how to file a lawsuit is necessary. Unfortunately, the process can be confusing and intimidating for those who do not have experience in civil litigation. The best way to start is by getting advice from an attorney who has experience with personal injury law or toxic tort cases involving chemicals like PFOA and PFOS.

When filing your case against an asbestos manufacturer or anyone responsible for your injuries, you must try to get the best possible outcome. Therefore, hiring an experienced attorney is recommendable.

It's important to note that filing a lawsuit is difficult. You should consult with an attorney before doing so. By filing an AFFF lawsuit, firefighters can ask for compensation for their injuries from the parties involved.

Since AFFF lawsuits are relatively new, there have not been many settlements. However, many AFFF manufacturers have agreed to pay millions of dollars as AFFF lawsuit settlement amounts.

For example, according to City News, three independent companies, DuPont, Chemours, and Corteva, agreed to settle 95 pending cases. They also agreed on resolving unfiled matters in the MDL in Ohio. The three companies will equally split the $83 million settlement amount.

4. Negotiating a Settlement

When a case is settled, it's usually done through negotiation. The lawyers for both sides meet to discuss a settlement amount and agree on a few terms. For example, AFFF manufacturers have been known to offer settlements in exchange for confidentiality agreements or other conditions that prevent plaintiffs from discussing their cases publicly.

Because these settlements are often confidential, how much money has been paid so far is not public. Negotiating a settlement may begin with mediation between all parties involved to reach an agreement before going with litigation.

According to the Torhoerman law firm, till now, there have been no reported settlements in the AFFF multidistrict litigation. However, legal experts suggest that the settlement amounts for AFFF lawsuits may be as high as $300,000 or more, depending on the strength of the case.

It is important to note that these figures are not guaranteed. Still, historical data from mass tort cases and settlements for cancer diagnosis suggests that AFFF settlement amounts could be significant. For instance, in March 2020, DuPont was ordered to pay $50 million to a testicular cancer victim for PFAS chemicals found in drinking water that led to his diagnosis.

It is necessary to remember that settlements can be quicker and less costly to resolve a lawsuit. However, they may not be in the best interest of the firefighters. Even after knowing that settlement is not the best possible outcome for a lawsuit, according to Negotiation Experts, about 90% of all cases filed are settled out of court through negotiation.

5. Going to Trial

Going to trial is the last resort, but it can be your best option if you cannot settle. If you have suffered critical injury or illness from exposure to AFFF, you must take action. The manufacturers will not be accountable for their wrongdoing unless you take them to court and prove that their product caused your injuries or illnesses.

During the trial, both parties will present evidence and arguments to a judge or jury. The firefighter's lawyer needs to prove that the AFFF manufacturer was negligent in producing the product that contained PFAS.

Going to trial can be a stressful experience. Therefore, most personal injury cases do not enter the trial phase in the US. According to the Law Dictionary, only one in twenty personal injury lawsuits receives a verdict.

6. Assisting with Medical Treatment

Your lawyer can help you get the medical treatment you need and ensure the responsible party is held accountable for any injuries. For example, if a firefighter suffers from AFFF exposure, they must receive proper care as soon as possible. Your lawyer will assist with getting the right treatment plan in place so that you can recover from these injuries and continue working in a safe environment.

If you or a loved one has been injured on the job due to exposure to AFFF, you must get medical treatment as soon as possible. Your lawyer will help ensure you receive proper care and compensation for any injuries sustained during this time.

Final Words

As the AFFF class action lawsuit continues, it's important to remember that this issue is not just about the environment. It's also about firefighters and their safety. By holding manufacturers accountable for their work, the society can protect their first responders from unnecessary exposure. It also helps ensure they have access to all the information they need when deciding how best to protect themselves on the job.