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Do I need an Attorney for My Roundup Claim?
The “hire an attorney” commercials air around the clock, with one commercial, in particular, standing out in the legal community. A man with a low, deep voice describes the seemingly countless number of lawsuits filed against international mega-corporation Bayer. Plaintiffs allege they developed a form of cancer after exposure to the herbicide Roundup, and they hold Bayer and subsidiary Monsanto legally liable for product liability.
As the most prominent product liability case in recent memory, Roundup claims continue to roll in against Bayer. Individuals have filed lawsuits, as well as dozens of plaintiffs filing lawsuits as class actions. If you feel that exposure to Roundup has caused you harm, you might have a strong enough case to file a civil lawsuit seeking monetary damages.
Filing a civil lawsuit for product liability requires the legal expertise of an experienced personal injury attorney. A lawyer helps you gather and organize the evidence you need to file a persuasive lawsuit, as well as ensure you file your lawsuit before the expiration of the statute of limitations. Highly skilled product liability attorneys also know how to negotiate a settlement, which saves you both time and money by avoiding litigation.
Since 1988, the product liability lawyers at Morgan & Morgan have helped clients recover more than $7 billion in monetary damages for personal injury cases. Going up against an international giant such as Bayer requires the best legal representation, whether you join a class action lawsuit or decide to file an individual claim.
Before you file one of the numerous Roundup claims, schedule a free case evaluation with the team of personal injury attorneys at Morgan & Morgan.
What Is Roundup?
As one of the leading weed-killing products in the world, Roundup contains an active ingredient called glyphosate. As a chemical compound discovered in the 1970s, glyphosate is considered a unique herbicide because it does not target specific species of weeds. Instead, the chemical compound is a non-selective herbicide, which means it kills any vegetation that it makes contact with during just a short period of exposure.
Monsanto started producing Roundup in the mid-1970s, but it took nearly 20 years for sales to grow at a significant pace. The reason for the dramatic boost in sales is Monsanto developed genetically modified seeds to resist glyphosate. This allows farmers to plant and harvest genetically modified crops that resist the damage caused by the chemical compound.
In 2015, the International Agency for Research on Cancer (IARC) announced a new designation for Roundup as “probably carcinogenic.”
Does Roundup Cause Cancer?
Despite the designation by the IARC that Roundup is “probably carcinogenic,” controversy remains concerning the linking of the herbicide with cancer. In 2017, the United States Environmental Protection Agency (EPA) declared Roundup “was not likely to cause cancer.” The EPA took the same position in 2019. However, a study released by the University of Washington discovered a link between the herbicide and the development of non-Hodgkin’s lymphoma.
The symptoms of non-Hodgkin’s lymphoma include the following
- Shortness of breath
- Acute abdominal pain
- Swelling of one or more lymph nodes
- Significant weight loss
- Bone pain
- Chronic fatigue
Receiving a diagnosis for a form of cancer such as non-Hodgkin’s lymphoma does not mean the disease developed because you used Roundup. You must prove you used the herbicide for an extended amount of time.
Who Is Eligible to File Roundup Claims?
To qualify for the filing of a personal injury lawsuit against Bayer/Monsanto, you must prove you have received a diagnosis of a type of cancer such as non-Hodgkin’s lymphoma. You also have to make the connection between the development of your cancer and exposure to the herbicide Roundup.
Attorneys for Bayer have argued in the past that using the herbicide or storing a bottle of it at home does not constitute legal cause to file a personal injury lawsuit against the company. This means you must demonstrate that you developed cancer symptoms because of prolonged exposure to Roundup. The definition of “prolong” has varied meanings for the different lawsuits filed against Bayer. Prolonged can be one year or it can span more than five years.
Receiving a cancer diagnosis goes right to the heart of the legal issues surrounding Roundup. The secondary legal issue involves proving that Bayer/Monsanto did not provide adequate warning to the users of Roundup, such as adding a label describing the possible physical consequences of using the herbicide.
If you can show you suffer from one or more of the symptoms that are associated with non-Hodgkin’s lymphoma, you might qualify for both economic and non-economic monetary damages.
How Do I Prove I Have Used Roundup?
Documentation is the key for proving Roundup claims. Sales receipts that describe when you purchased Roundup and how much of the herbicide you bought are crucial for establishing a link between the development of cancer and applying Roundup to kill weeds and other types of vegetation. If you can not find any of the sales receipts for Roundup, you might be able to prove you used the herbicide if you present bank statements that itemize purchases at home improvement stores. If you applied the herbicide as part of your professional responsibilities, invoices and/or work orders can help you establish a link between your illness and the herbicide. Working with our team of personal injury lawyers can help you organize the documentation you need to prove you used Roundup at home and/or at work.
What is the Statute of Limitations for Filing Roundup Claims?
The statute of limitations represents the amount of time you have to file a Roundup lawsuit. States establish the deadline for filing a personal injury lawsuit, which typically runs between two and four years. However, some states have set different deadlines for product liability lawsuits than the deadlines established for other types of personal injury claims.
If you fail to meet the deadline for filing a Roundup lawsuit. You can expect the court clerk to dismiss your claim. The attorneys representing Bayer will notify the court about your missed deadline. Working with an experienced personal injury lawyer from Morgan & Morgan ensures you meet the deadline for filing a civil lawsuit against Bayer/Monsanto.
How Do I Find the Best Personal Injury Attorney?
You want to work with a personal injury lawyer who has experience litigating personal injury cases, preferably with a substantial number of Roundup claims. Litigating against Bayer requires legal counsel that understands how to negotiate with the company’s lawyers, as well as has a proven record of winning claims against defendants. Morgan & Morgan more than fulfills the experience requirement. We have litigated personal injury cases for more than three decades.
You should hire a personal injury lawyer who responds to your questions and concerns promptly. If your lawyer cannot immediately get in touch with you, a support staff member such as a paralegal should fill the communication void. You should get a good idea about the responsiveness of an attorney before you sit down for a free case evaluation.
Handles Your Case
As we mentioned, litigating against Bayer’s attorneys requires considerable experience. This means you cannot afford to hire a personal injury lawyer who passes off your case to a less experienced member of a law firm or to any of the support staff. At Morgan & Morgan, the experienced personal injury lawyer that we assign to your cases fights hard for compensation from the day of the first form of contact until the day when a judge or jury issues a verdict.
When it comes to finding the best legal representation for Roundup claims, networking with friends and family members can provide you with recommendations. You can also reach out to neighbors, attorneys, and professional colleagues. You do not need to know a personal injury attorney; just a lawyer who can recommend legal counsel for Roundup claims.
What Are the Monetary Damages for Product Liability Cases?
Judges and juries have awarded millions of dollars in monetary damages to many of the plaintiffs that have filed Roundup claims. What type of monetary damages might you qualify for when you win a favorable judgment against Bayer/Monsanto?
Special Compensatory Damages
Also referred to as economic damages, special compensatory damages recover the costs that are directly associated with Roundup claims. Medical bills often represent the most substantial award for special compensatory damages. You have to submit copies of your medical bills, including diagnostic tests, treatment programs, and physical therapy sessions. You also have the right to seek special compensatory damages to recover the costs of prescription medications. If a cancer diagnosis has caused you to miss any time from work, you can ask the court to have Bayer compensate you for lost wages.
General Compensatory Damages
Receiving a diagnosis of cancer does much more than cause physical pain. It also can trigger mental anguish and emotional distress. As non-economic damages, general compensatory damages cover the costs associated with the legal term called pain and suffering. Since general compensatory damages do not come with a price tag, your personal injury lawyer has to convince the judge or jury that the amount of money that you seek for general compensatory damages is reasonable.
In the cases that Bayer has lost up to October of 2021, the company has paid millions of dollars out in the form of punitive damages. This type of monetary damages does not cover any of the costs associated with a plaintiff’s diagnosis of cancer. Instead, punitive damages penalize the defendant for causing the plaintiff harm. If your personal injury attorney proves Bayer committed one or more acts of negligence, the award for punitive damages might increase significantly.
Contact Morgan & Morgan
With the clock ticking on Your Roundup lawsuit, you should act with a sense of urgency by contacting Morgan & Morgan for legal support. Our team of product liability attorneys will help you submit the most convincing evidence that links your exposure to Roundup with the development of cancer symptoms. We will also ensure that you file your lawsuit long before the expiration of the statute of limitations.
Schedule a free case evaluation today with a personal injury lawyer from Morgan & Morgan.