The Common Challenges in Winning an AFFF Cancer Lawsuit

This post was last updated on September 3rd, 2024

AFFF Cancer Lawsuit

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If you or a loved one has been diagnosed with cancer and believe that the cancer was caused by exposure to AFFF, there are several things you must do before filing a lawsuit. The first thing to note is that this type of lawsuit can be complicated and requires rigorous scientific evidence. If you still think that your case should be pursued, then it’s time to talk with an attorney who is experienced in these types of cases and who can help you to win an AFFF cancer lawsuit.

Common Challenges in AFFF Cancer Lawsuits

The most common challenges in winning an AFFF cancer lawsuit are:

  • Scientific evidence is needed. While you can use your personal history, there may be areas where you didn’t have the time or opportunity to document exposure. 
  • The timeline for when you were exposed must be defined by law for them (the defendant) to prove that their actions caused your cancer (the plaintiff). In general terms, this means that there should be no statute of limitations for filing suits against someone negligent about protecting themselves from exposure – but here again, there are exceptions depending on when exactly something happened that prevented them from doing any additional research into how much risk there was associated with breathing/swallowing airborne particles during normal daily activities.

Scientific Evidence is Needed

Scientific evidence is needed to prove that the cancer was caused by AFFF exposure. The scientific evidence must be sufficient to show that the AFFF caused your cancer, not something else, such as smoking or radiation exposure. The evidence must also be based on sound scientific studies and be able to withstand scrutiny in court.

If you are diagnosed with cancer, talk with your doctor and a lawyer about whether the case would be strong enough to take to court. You may need to gather more evidence or find experts who can provide opinions on how likely it is that AFFF exposure caused your cancer.

If the plaintiff was exposed to AFFF during its production, you should also include a detailed description of what they were doing at the time. The more detail you can provide about how much time your client spent around the fumes, how often they were exposed, and for how long, the better you have at proving causation.

Statute of Limitations for Filing a Cancer Lawsuit

The statute of limitations is a law that sets time limits for filing a lawsuit. It’s different in each state and can be confusing, so let’s review it here. In California, the statute of limitations for toxic exposure claims against a healthcare provider is two years from the date of discovery (the date you knew about your injuries). 

Proving That the Cancer Was Caused by AFFF Exposure

The first step to filing a lawsuit against the party who caused your cancer is to prove that it was caused by AFFF exposure. This can be done by showing that you were exposed to AFFF and then showing that this exposure led to the development of cancer in your body. Here are some examples of specific cancers that have been linked with AFFF:

  • Rectal cancer 
  • Lymphoma 

Conclusion

The law is clear, and it’s important to remember that the AFFF cancer lawsuit is not just about money. Instead, the goal of a successful case should be to get compensation for all the financial losses and emotional distress caused by the cancer diagnosis.

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