Legally Reviewed
This article has been written and reviewed for legal accuracy and clarity by Tort Defenders’ writers and staff and is as accurate as possible. This content should not be taken as legal advice from an attorney.
The widespread use of aqueous film-forming foam (AFFF) in firefighting and training exercises has left a lasting impact on countless individuals and communities across the United States. In recent years, lawsuits arising from the damages caused by the foam’s use, and other similarly hazardous chemicals have brought individual settlements of upwards of $15,000. The specific amount depends on some factors, like the severity of the illness, and the overall extent of damages.
The foam contains per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals,” that persist in the environment and cause lasting contamination of water sources. PFAS like those found in AFFF raise serious health concerns.
Those exposed may have medical complications like cancer and changes in liver function. As a result, individuals exposed to AFFF can experience an overwhelming financial burden. Costs for diagnostic tests and screenings, medical treatments, and potential long-term care and rehabilitation can quickly build up. There are also indirect financial effects like lost wages due to inability to work.
To recoup some of these costs, people have begun to pursue legal action, either through individual or class action lawsuits. As studies continue to explore the effects of AFFF exposure, manufacturers or organizations making use of the substance may see a higher level of liability. Seeking compensation can help you recover financially. It can also help you secure the resources necessary to manage long-term health concerns.
Factors Affecting AFFF Settlement Amounts
The size of an AFFF settlement can vary based on some crucial factors. Since the chemical’s negative health impacts are typically the basis for a lawsuit, the more severe and life-altering the health problems caused by exposure, the higher the potential settlement.
It’s important to monitor for symptoms and health issues that could potentially result from contact with AFFF, especially if your job brought you into close contact with the substance. The clearer a connection you can make between symptoms and exposure, the better your potential case.
Of course, none of this is written in stone. Symptoms, cost of treatment, and even your choice of law firm can have an impact on a potential settlement amount. A law firm with experience trying similar cases, or even previous AFFF lawsuits, may have a deeper understanding of this type of legal action. As a result, they may be more capable of negotiating successful or even greater settlement amounts.
Types of Settlements in AFFF Lawsuits
There have been some related settlements in cases involving PFAS chemicals, including companies like 3M agreeing to pay billions to clean contaminated water. These cases saw companies agreeing to pay settlements in the billions, with 3M paying more than $10 billion in settlements.
The specific details of each individual case will also affect the amount of damages for which the plaintiff is eligible. For that reason, it’s important to seek legal representation from a reputable law firm. Professionals will help you evaluate your specific case and establish realistic expectations for a settlement.
As with other similar class action suits, settlements are likely to be handled in a tiered system. A plaintiff’s tier and resulting settlement qualification are connected to the severity of their illness and the specific circumstances of their exposure. In such a system, tier 1 would include those with the most severe illnesses and the longest or most direct exposure to AFFF. Those in tier 3, while still demonstrating illness resulting from AFFF exposure, are likely to have experienced less in damages.
Tier 1
Plaintiffs in this tier are likely to have suffered the most severe and costly damage as a result of AFFF exposure. This may also depend on the degree and length of exposure to the harmful AFFF chemicals. Based on settlements from previous class actions, this tier can likely expect the largest settlement amounts.
Tier 2
Individuals with less severe damages resulting from exposure to AFFF will likely fit into the second tier. Payouts will be lower than those of tier 1, which is reflective of the damage resulting from exposure.
Tier 3
Tier 3 is reserved for individuals who have been negatively affected, albeit to a lesser degree than those in the upper two tiers. The expected settlement for those in this tier is likely to be lower than tiers 1 and 2.
Since an individual’s situation can have many variables that impact their case, it’s difficult to estimate a specific settlement amount. A professional attorney can examine your case and help determine your settlement tier and overall lawsuit eligibility.
How To Determine Your Eligibility and Potential AFFF Lawsuit Payout
Eligibility for an AFFF lawsuit typically comes down to exposure and diagnosis. If you have contracted a disease like cancer due to exposure to AFFF, you may have grounds for a lawsuit. However, the strength of your case may hinge on your ability to show a link between the disease and exposure to AFFF.
Individuals in professions where they are likely to come into contact with AFFF, such as firefighters and Navy personnel in particular, should consult with a qualified attorney. Legal counsel can help to examine your symptoms, diagnosis, and exposure history to see if you qualify for an AFFF lawsuit. If attorneys believe you have grounds for a case, they can help get your lawsuit moving and guide you through the process.
Taking Legal Action and Seeking the Compensation You Deserve
To have the best chance at a successful AFFF legal action, it’s crucial to find a highly qualified lawyer. It’s also beneficial to find a law firm with experience handling the specific nuances of AFFF lawsuits. Research the firm’s past settlements to see if they have had previous success handling AFFF exposure cases.
While not a guarantee of success, finding a law firm that specializes in handling AFFF litigation can help improve your chances. If the firm has a history of achieving high settlement amounts for clients, that can help provide evidence of their capabilities.