You might be one of many people eligible for reimbursement if you got non-Hodgkin’s lymphoma due to Roundup. Plenty of lawsuits are underway against the company, and you can hire a lawyer to get started.
As a plaintiff, you hold a burden of proof to show that the weed killer resulted in a cancer diagnosis. To convey that the herbicide is defective, you need to gather evidence. A Roundup lawyer can help inform you what proof you need in a Roundup lawsuit.
Round Up Lawsuit Guide
- Glyphosate in Roundup Led to Lawsuits
- Types of Roundup Products
- People Who Can Sue for Compensation
- What You Need to Prove in a Roundup Lawsuit
- What Proof Do You Need for a Roundup Lawsuit?
- The Statute of Limitations
- Multiple Defendants in a Roundup Lawsuit
- How Long Does a Roundup Lawsuit Last?
- Are Consultations With Roundup Lawyers Free?
Glyphosate in Roundup Led to Lawsuits
Glyphosate has been in weed control products for decades. Organizations like the EPA assure people the chemical is not hazardous to humans. However, a few recent studies may suggest otherwise.
One study found exposure to glyphosate may increase the risk of non-Hodgkin’s lymphoma by 41 percent. Additional research also suggests the chemical contributes to other types of cancer. Some consumers have reported diagnoses of leukemia and multiple myeloma.
Glyphosate is relevant because Roundup uses the compound as its active ingredient. As a result, more customers report a possible connection between the product and cancer. The manufacturer has faced over 100,000 civil lawsuits so far.
The company initially denied allegations of its product being a cause of cancer in consumers. Still, people have continued their pursuit of compensation. Many cases have gone to trial, and a portion have reached a verdict already.
Nevertheless, a Roundup lawsuit can be an uphill battle. If you qualify for compensation, you should get the best roundup lawyer. An attorney can help you navigate a complex case against a large business.
Types of Roundup Products
Consumers can select from a wide variety of Roundup products. A majority of them have at least glyphosate as an active ingredient. Nevertheless, a specific herbicide may have a different nature compared to another.
Roundup herbicide may be a non-selective product. Non-selective means the formula kills any plant it comes into contact with due to glyphosate. Gardens and landscape beds may use the product to target weeds.
Some non-selective Roundup weed killers are residual. The chemicals remain in the soil for longer than usual to continue treating the area. Therefore, a person has a higher chance of prolonged exposure to glyphosate.
An individual might buy a selective Roundup product to kill a specific plant while leaving others relatively unharmed. Usually, the formula targets grassy weeds and is safe for lawns. Therefore, many people may buy selective Roundup herbicides only to raise their cancer risk.
Of course, a formula may have an additional chemical to make the weed killer stay in the soil longer. The duration may last a day or for a few months. The exposure period puts someone at risk of non-Hodgkin’s lymphoma.
Regardless of what type of Roundup you use, you could still suffer from long-term health effects. Document the side effects you experience and your journey through recovery. You can use your notes if you plan to make a product liability claim against the manufacturer.
People Who Can Sue for Compensation
Most injured parties who file a Roundup Lawsuit are people who work in the agricultural industry. Glyphosate-based herbicides are preferable for many crop types. Therefore, farmers have an increased risk of cancer due to Roundup exposure.
Landscapers are another at-risk group eligible for compensation for Roundup-related damages. Workers may use the weed killer repeatedly when they manage lawns and other outside areas.
However, some plaintiffs have been people who used Roundup for non-work-related reasons. They may have wanted an effective product for their lawns, or they needed it for extensive gardening. Contact with the chemical resulted in their cancer diagnosis.
Nonetheless, anyone can file a lawsuit if they have used Roundup and later developed non-Hodgkin’s lymphoma. A plaintiff could be someone with a current diagnosis and undergoes a treatment plan. Of course, a person can still get compensation if they have an illness but do not require medical care at the moment.
You have the opportunity to take legal action if you have already undergone treatment. Additionally, you can file a lawsuit on behalf of a family member who has passed away from cancer.
A connection between Roundup and someone’s health condition may not be evident. You should consult an attorney if you are unsure if you qualify for a lawsuit.
What You Need to Prove in a Roundup Lawsuit
Lawsuits regarding damages from Roundup fall under the category of product liability. Unlike other injury cases, strict liability applies to manufacturers who create and sell defective products. Even if a company exercised reasonable care, it could still be accountable for a consumer’s injuries.
Nevertheless, the injured party still has to prove the other side is responsible. For strict liability to apply, you must meet a few elements of a product liability lawsuit.
The Product Is Defective
A plaintiff has to prove a product like Roundup is defective. The weed killer might be dangerous if the company fails to place proper warnings on the container. Any notifications of the chemical’s potential effects must be present and visible.
The injured may assert the company knew or should have known about the dangers of Roundup’s active ingredient. Additionally, the manufacturer should have known the customer would not have expected any hazards from the product.
The Product Caused Your Diagnosis
The next step in a Roundup lawsuit is to prove the hazardous weed killer caused your injuries. A cancer diagnosis may take a while to develop, and the defendant could point to other possible contributing factors. You need to gather documents to prove that Roundup had a primary role in your illness.
The Diagnosis Led to Damages
Once you prove the weed killer led to a health condition, you need evidence of how the sickness resulted in damages. Damages may include all the medical expenses you have to pay to treat an illness. The effects of glyphosate in Roundup may have led to the loss of your earnings and caused emotional discomfort.
You Used the Product as Intended
Lastly, you need to ensure you have used Roundup as intended. Otherwise, the manufacturer might claim you did not handle the product correctly. As a result, you suffered from the chemical’s side effects.
The opposing party is a multi-million dollar company, and it has plenty of resources for a legal defense team. Therefore, you must have a lawyer who can find the evidence you need to prove Roundup contributed to your diagnosis. They should be ready to fight for your right to compensation.
What Proof Do You Need for a Roundup Lawsuit?
After you file a lawsuit, your lawyer begins investigating Roundup’s effects and related damages. They compile various types of documents to prove the defendant owes you money.
Evidence you may need includes:
- Receipts. Find the store receipts to show you purchased Roundup. They indicate when you obtained the weed killer and how much of it you bought. A bank statement or work invoice may act as a substitute if you cannot find a receipt.
- Employment records. You may be an agricultural worker, landscaper, or have another job involving vegetation. Your career may have put you into frequent contact with Roundup. Employment records help show you were at risk.
- Medical documents. Records from a healthcare worker are crucial to a Roundup case. Test results and doctor’s notes establish you have a severe medical condition. Your lawyer uses the documents to link Roundup to your worsened health.
- Pay stubs. A disease like non-Hodgkin’s lymphoma may leave you out of work due to an extensive treatment plan. Pay stubs help show how Roundup led to damages like lost income. You can use your tax records as well.
- Healthcare expenses. Since medical expenses are damages in a lawsuit, medical bills usually are proof Roundup led to losses. You can use any cost related to the effects of the weed killer.
Many of the Roundup lawsuits have already seen a resolution. Several ended in the plaintiff’s favor, but others did not. Therefore, you must have sufficient evidence to win a settlement. An attorney knows how to maximize the chances of a successful lawsuit.
The Statute of Limitations
Once you believe Roundup caused you to develop cancer, you should find a lawyer immediately. While the law may entitle you to compensation, it also sets a deadline for when you can sue the defendant. The court could dismiss your case if you wait too long, even if the manufacturer is liable.
The amount of time you have depends on where you live. States vary in the duration of their statute of limitations. However, many places generally give people two or three years. Double-check the rules for defective product cases to ensure you do not miss your chance at compensation.
However, non-Hodgkin’s lymphoma and other Roundup-related cancers may take years before symptoms appear. Someone risks losing their right to compensation if they do not realize the weed killer could be behind their illness until later.
The Discovery Rule
Several states have a discovery rule to grant injured parties additional time to begin a lawsuit. The law extends the statute of limitations if someone discovers their disease sometime after they used Roundup.
The clock starts to run when the person knows or reasonably should have known about the herbicide’s link to their cancer. Similar to the statute of limitations, the length of the discovery rule may vary from state to state.
Speak to a Roundup lawyer if you have concerns about how the statute of limitations applies to your case. An attorney can help ensure you do not miss any deadlines.
Multiple Defendants in a Roundup Lawsuit
Another party could have caused your glyphosate-related damages. An employer could be liable if employees used Roundup as part of their duties. Your boss may have failed to give you proper safety equipment to reduce contact with chemicals.
However, you might not be able to sue if you already accepted workers’ compensation benefits or still work for the employer. Speak to your attorney about what situations would allow you to file a lawsuit against the business.
Most lawsuits are against Roundup’s creator, but a few plaintiffs name local distributors or retailers as defendants. Product liability cases generally allow injured parties to sue entities other than manufacturers. Talk to your lawyer if multiple parties are liable for your losses.
How Long Does a Roundup Lawsuit Last?
When you begin your Roundup lawsuit, you may wonder how long you must wait for an outcome. A plaintiff may expect a resolution in almost a year or more. Every case is different, and an unexpected occurrence may create a setback or speed up the case.
A Roundup lawsuit usually goes through multiple stages. First, the plaintiff sends a civil complaint to the defendant and waits for a response. The other side may deny the allegations you list in the complaint.
One of the lengthiest aspects of a lawsuit is the discovery phase. Each side takes time to request and exchange information like medical documents. You may attend a deposition to record a sworn statement as well.
The discovery stage may take several months to a year to conclude. The period could last longer if the defendant attempts to delay progress.
Some Roundup lawsuits settle soon after the discovery ends, but others go to trial. A trial generally means you must wait longer for an outcome. The court may push the date back for a variety of reasons.
Additionally, the other side may file for an appeal if the jury hands a verdict in your favor. Therefore, you need an attorney to make the process more efficient.
Are Consultations With Roundup Lawyers Free?
You usually do not have to pay a dime to discuss a possible civil case with an attorney. Most Roundup lawyers offer a free consultation. Visit a firm’s website to schedule a meeting, or call the office directly.
A consultation is an opportunity to discuss whether you have a valid claim. Bring whatever documents you can collect with you to the meeting. The lawyer reviews what you have, and they learn if compensation is a possibility for you.
Furthermore, you have the chance to ask questions about your case and the attorney. You can use the time to know if a lawyer is the right fit for your claim.