Roundup, a popular herbicide manufactured by Monsanto, has been the subject of numerous lawsuits. Plaintiffs have alleged that the product contains the potentially cancer-causing chemical glyphosate and that Monsanto failed to warn users of the risks adequately. While some lawsuits have been settled, new claims continue to arise.
This article will explore the process of filing a new Roundup lawsuit against Monsanto, including the eligibility criteria and the steps involved in pursuing legal action.
Overview of the Current Status of Roundup Lawsuits
The status of the Roundup lawsuit update involves ongoing litigation against Monsanto, the herbicide manufacturer. The lawsuits allege that exposure to Roundup and its glyphosate ingredient caused user cancer.
Despite a previous settlement, some individuals affected by the product may wish to file a new claim against Monsanto. The reasons for filing a new claim may include developing cancer after the previous settlement or not being included in the previous settlement due to missed deadlines or other factors.
According to TorHoerman Law, a legal firm, more than 100,000 Roundup lawsuits, which make up more than 80% of total cases, have been resolved with a landmark settlement agreement of $10 billion. The agreement provides $1.25 billion for future Roundup claims.
The law firm adds that if you or someone close to you has used Roundup and suffered health issues due to exposure, you might qualify to file a Roundup Lawsuit.
Eligibility Criteria
According to Nolo, to pursue a lawsuit against Bayer, previously Monsanto, it’s important to prove that you’ve been diagnosed with an illness, like non-Hodgkin’s lymphoma, that could be linked to your exposure to the herbicide. Using Roundup or having it at home is insufficient to file an injury-related lawsuit against Bayer/Monsanto.
Although failure to warn consumers about the product’s potential risks can be a basis for non-injury class actions, lawsuits related to illnesses caused by Roundup require concrete evidence of harm caused by the product.
Legal Representation
When filing a new Roundup lawsuit, hiring an experienced attorney who is well-versed in the legal complexities of this type of case is essential. An experienced attorney can help you navigate the legal system and maximize your chances of receiving compensation for your injuries.
When choosing a lawyer, it’s essential to consider factors such as their track record, experience, and expertise in handling Roundup lawsuits. A good attorney should also be able to explain the legal process and the types of damages you may be entitled to receive. Finally, they should be able to answer any questions you may have about the lawsuit and keep you updated on its progress.
Gathering Evidence
Gathering evidence is crucial in proving the link between Roundup exposure and the resulting health complications. This evidence can include medical records documenting a diagnosis of non-Hodgkin’s lymphoma or other related illnesses. It can also include receipts of Roundup purchases and use and other relevant documentation.
Additionally, attorneys may work with medical experts and other professionals to gather further evidence to support the claim. Those filing a new Roundup lawsuit must keep detailed records and share all relevant information with their legal team to ensure the strongest case possible.
Filing the Lawsuit
The first step to file a new Roundup lawsuit is to hire an attorney. The attorney will guide the plaintiff through the process and ensure that all necessary documents and evidence are collected to support the claim. The next step is to file the lawsuit within the deadline, which varies depending on the state where the case is filed.
According to Forbes Advisor, the statute of limitations for product liability lawsuits varies from state to state, typically two to four years. It’s crucial to note that the clock starts ticking from the moment you receive your diagnosis when you become aware of the possible connection between Roundup and your condition or when the link is widely recognized.
You must act quickly and consult an attorney to ensure your claim is filed within the specified time frame.
The case should be filed in a court with jurisdiction over the matter, typically where the plaintiff resides or where the injury occurred. The attorney will handle the filing process and communicate with the court and defendants on behalf of the plaintiff.
Potential Outcomes
High Rise Financial notes that according to the June 2020 settlement agreement, the estimated payout for each plaintiff was around $160,000 on average. Although the agreement’s worth is more than $10 billion, it resolved tens of thousands of Roundup lawsuits, hence the rough estimate.
Additionally, based on the reserved funds for future Roundup lawsuit plaintiffs, each claimant’s compensation could range from $5,000 to $200,000, depending on their lawsuit’s score.
In addition to financial compensation, a successful lawsuit may also hold Monsanto accountable for the harm caused by Roundup and lead to changes in how glyphosate-based herbicides are regulated and marketed.
Preparing for Trial
During the legal process of a new Roundup lawsuit, parties can expect to go through several phases, including the discovery phase, depositions, and settlement negotiations. The discovery phase involves exchanging information between both sides, while depositions involve sworn testimony given by witnesses.
Settlement negotiations may occur throughout the legal process to reach an agreement before trial. Parties should work closely with their legal representation to prepare for each step and gather evidence to support their case.
Being prepared and knowledgeable about the legal process ensures the best possible outcome.
Conclusion
In conclusion, filing a new Roundup lawsuit against Monsanto can be complex. Still, it is an option for those diagnosed with non-Hodgkin’s lymphoma or other related illnesses after using the weed killer. Eligibility criteria, legal representation, gathering evidence, filing the lawsuit, and potential outcomes are all important considerations when pursuing legal action.
By preparing for trial and understanding the legal process, those affected by Roundup can seek compensation for their medical expenses, lost wages, and pain and suffering. Working with an experienced attorney who can guide you through the process and achieve the best possible outcome is also essential.