What Are the Steps Involved in a Water Contamination Lawsuit? 

The steps involved in a water contamination lawsuit typically begin with consulting an experienced toxic exposure attorney who evaluates the validity of the claim and provides legal guidance. The process moves to the investigation and collection of evidence, such as water quality reports, medical records, and documentation of health or property damage caused by the contamination. Once sufficient evidence is gathered, a formal complaint is filed against the responsible parties, detailing the allegations and damages sought. 

A toxic exposure attorney at Douglas & London will guide you through the steps involved in a water contamination lawsuit and keep you informed throughout the entire legal process. Environmental contamination cases can be extremely complex, involving an enormous amount of technical and scientific evidence. You need a law firm with a successful track record in taking on deep-pocketed defendants in toxic exposure cases and coming out on top. 

Investigation and Evidence Gathering 

Your legal team at Douglas & London will thoroughly investigate your claim, subpoena documents if necessary, take sworn statements called depositions, and help you collect all the medical evidence, environmental research, and expert testimony you need to prove your claim in court. 

Here is the necessary documentation and steps for filing a water contamination lawsuit: 

Documentation of Exposure 

You must prove that you were exposed to contaminated water. As evidence, you should have medical records documenting your PFAS-related diagnosis. Due to the considerable time lag between exposure and disease diagnosis, plaintiffs may have to gather medical records dating back decades.   

You must also show that you were either living or working in an area known to be contaminated. For example, if you were employed as a firefighter on a military base, airport, oil refinery, or other sites where AFFF was used, you must provide documentation of your employment at such a facility.   

When it comes to your health issues, you will likely need to obtain expert testimony linking PFAS exposure to your illness.       

Identify Contaminants  

The contaminants polluting the water source must be identified, as well as the party responsible for the damage, such as the companies that produce PFAS chemicals, e.g., 3M, DuPont, and Chemours. They are often primary defendants due to their role in developing and distributing these compounds. 

Both per- and polyfluoroalkyl substances (PFAS) and Aqueous Film Forming Foam (AFFF). are manmade “forever chemicals” since they do not break down in the environment. PFAS are used in a wide range of products; virtually everyone has been exposed to them. AFFF was used to fight fires started by flammable liquids such as oil or gasoline.  

These contaminants leach into drinking water, such as aquifers, wells, rivers, lakes, and reservoirs. Because PFAS do not break down, prolonged exposure causes them to build up in the body. The higher and longer the exposure level, the more likely serious health problems could occur.     

Exposure to PFAS and AFFF may cause various types of cancer, including those of the kidneys, liver, thyroid, and testicles, as well as ulcerative colitis and thyroid disease.  

Establish Causation 

To establish causation, you must directly link water contamination to your illness. This is frequently challenging, as years can pass between initial PFAS exposure and the development of a disease.  

Establish causation by showing that you lived or worked in a contaminated area for at least six months during specific time periods. Such documentation may include mortgage payments, rent or utility payments, or pay stubs if your exposure was work-related.  

Consult a Lawyer 

A toxic exposure attorney can guide you through the legal process. The AFFF lawyers at Douglas & London will assess the strength of your case and potential damages and determine the best legal strategy.  

Douglas & London played a key role in the DuPont C-8 Litigation, with partner Gary J. Douglas serving as lead trial counsel and securing verdicts from three separate juries for $1.6 million, $5.6 million, and $12.5 million. Firm partner Michael A. London served as co-lead counsel for the entire litigation and held the position of lead negotiator of the $670.6 million settlement. 

Our legal team can help you calculate your claim’s full and fair value and ensure your best interests are considered in any settlement negotiations. 

File a Lawsuit  

When filing a lawsuit, pay careful attention to the statute of limitations in your state. For example, In New York State, individuals have three years from the date they discover or should have discovered, through reasonable diligence, that their illness was caused by exposure to a harmful substance, such as PFAS, to file a lawsuit. This “discovery rule” acknowledges that certain health conditions resulting from toxic exposures may not become apparent until years after the initial exposure. 

Your attorney prepares a formal complaint detailing the facts of your case, identifying the parties responsible for the water contamination, and specifying the damages you have incurred. The complaint is then served to the defendant, officially notifying them of the lawsuit filed against them.  

Schedule a Free Consultation  

If PFAS exposure is responsible for your medical issues, you need an experienced toxic exposure lawyer at Douglas & London. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, you pay no fee unless you receive compensation.