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Requirements for a Roundup Lawsuit

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C.L. Mike Schmidt Published by C.L. Mike Schmidt
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Many people have been reading about the lawsuits at the center of the herbicide Roundup. But what has become increasingly confusing is the misinformation around a few appeals that Bayer has won in recent years. 

As a result, people who may have legitimate product liability lawsuits have not taken the first steps to discuss their possible case with a law firm. 

If you or a loved one have had to deal with a form of cancer or another disease that may be linked to Roundup, then the last thing you want to do is guess whether or not you qualify. 

And this is where our team can help you make the right decision. 

1. What Are the Requirements for Roundup Cancer Lawsuits?

A business person calling someone while looking at paperworkThe requirements for a Roundup cancer lawsuit are the ability to prove that you have developed cancer or other serious disease linked to Roundup and proof that you had direct Roundup exposure. 

One of the main types of cancer at the center of these lawsuits is non-Hodgkin’s lymphoma [1]. This is serious cancer; so far, medical science has only found ways to contain it with no cure available [2].

While this is the main cancer we encounter in these lawsuits, there have been several other types, as well as certain organ diseases, that could qualify as well. 

Along with your medical records proving your diagnoses, treatment, and prognosis, you will also need to present proof of exposure to Roundup either at home or through employment. 

Ideally, this will involve receipts from the stores where you bought Roundup or work orders that your employer submitted. 

However, even if you don’t have invoices or other purchase records for buying Roundup, there may be ways to get these from the stores if they maintain itemized customer records. 

If you’re not clear on whether you qualify, then talk to our dedicated team today for a free case assessment.

Related Article: Monsanto Roundup Lawsuit Update

2. Gain the Full Support of Our Dedicated Litigation Team

With decades of experience helping clients go up against some of the largest corporations, our legal team has built up an attorney-client relationship that puts you at the center of everything we do. 

Our goal is to make this as stress-free as possible so that you can focus on dealing with your medical treatment without the constant distraction of dealing with the legal battle. 

Our personal injury lawyers have successfully filed Roundup claims for countless clients, which has allowed us to streamline the process. That means less hassle for you and a faster resolution with filed lawsuits. 

3. How Could You Have Been Exposed to Roundup Weed Killer?

Two coworkers discussing paperwork with eachother

You could have been exposed to Roundup in several direct and indirect ways. And not all of them have to involve you personally using or handling this weed killer. 

The most obvious and common way plaintiffs got exposed to Roundup is through direct use on a regular basis through employment. 

This can include professions like:

  • Gardeners
  • Horticulturists
  • Lawn care workers
  • Landscapers
  • Farmers
  • Agricultural contractors
  • Groundskeepers

“More than 200 million pounds of glyphosate are used annually by US farmers on their fields. The weedkiller is sprayed directly over genetically engineered crops such as corn and soybeans, and also over non-genetically engineered crops such as wheat and oats as a desiccant to dry crops out prior to harvest.”
Carey Gillam, Journalist at TheGuardian.com

Dealing with herbicides that contain glyphosate will, in some cases, be a daily task, but even less common use of Roundup can constitute regular exposure. 

It’s also possible to have exposure to Roundup in a non-professional setting. If you have a large garden or yard area, and you’ve used Roundup regularly to control weeds overgrowing, then with the right evidence to support this use, you could be in a position to make a claim. 

And finally, there is also an environmental risk to you if someone used Roundup regularly near your home or workplace. There can be significant health risks from this indirect exposure, especially in situations where people didn’t take enough precautions to contain the spread. 

4. What Diseases Qualify for a Lawsuit?

The main diseases that may qualify for a lawsuit are cancers like non-Hodgkin lymphoma, leukemia, or myeloma. You will need a cancer diagnosis from a medical doctor, and to assess the value of your claim, you’ll also need a prognosis for treatment and life expectancy. 

While the Environmental Protection Agency currently doesn’t list glyphosate or Roundup as potentially carcinogenic, the World Health Organization does list it as “probably carcinogenic to humans” [3].

The prognosis for non-Hodgkin’s lymphoma and other cancers can range from long-lasting treatment to a limited life expectancy. And your personal prognosis will significantly impact the possible value of your settlement. 

5. Do You Have to File Lawsuits Within a Time Limit?

A lawyer pointing to a notebook with a penYes, you have to file lawsuits against Roundup within a certain time limit. However, that time limit is not set based on when you may have had exposure to Roundup but rather from when you first receive a cancer diagnosis. 

This time limit is called the statute of limitations, and each state has legislation for these time limits on personal injury claims. In most cases, it’s about two years, but it’s important to talk to a specialized lawyer as soon as possible.  

The last thing you want is to miss your opportunity to file a personal injury lawsuit against Monsanto/Bayer

That’s why our top advice is to talk to our legal team today to ensure you don’t miss your filing deadline. 

6. Do You Have to Hire a Law Firm?

Yes, you will need the help of a law firm to file a Roundup claim against Bayer. This is not like going to a district court to file a small claim. 

Not only is the legal document filing process complicated, but making small mistakes in assessing your personal circumstances can also greatly impact the amount of your payment. 

With a lawsuit filed by a personal injury attorney, you can ensure that you receive the maximum possible payment in the shortest time. 

It’s also important to note that there is currently no class action lawsuit that you can join, and you will need to go down the path of filing an individual claim.

FAQs

Can family members file a Roundup lawsuit on behalf of a deceased loved one?
Yes, family members can file a wrongful death lawsuit on behalf of a loved one who died due to health issues linked to Roundup exposure. This can help cover medical expenses, funeral costs, and provide compensation for their loss.

Can I file a Roundup lawsuit if I used the product for personal, non-commercial purposes?
Yes, individuals who used Roundup for personal, non-commercial purposes and developed related health issues are eligible to file a lawsuit. Proof of use and medical diagnosis are necessary.

Are there any costs associated with filing a Roundup lawsuit?
Many lawyers work on a contingency fee basis, meaning they only get paid if you win your case. It’s important to discuss fee arrangements and any potential costs with your attorney beforehand.

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See all related product liability lawsuits our attorneys covered so far.

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Have you or a loved one been unreasonably injured by a dangerous or defective consumer product?

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Bayer has set aside billions of dollars to resolve future lawsuits, and you must provide the right proof with a full assessment of all the health and well-being impacts you’re dealing with. 

Schmidt & Clark, LLP litigation team has the necessary experience and skills to not leave any stone unturned while we file a lawsuit. We are aware that you will be sharing sensitive or confidential information, and we make it our top priority that you feel comfortable with the process. 

Contact us today for a free case review to see the best possible outcome for your situation. 


References:

  1. https://www.nytimes.com/2020/06/24/business/roundup-settlement-lawsuits.html
  2. https://www.cancer.org/cancer/types/non-hodgkin-lymphoma/treating.html
  3. https://www.iarc.who.int/featured-news/media-centre-iarc-news-glyphosate

 

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