The average settlement isn’t clear for Paraquat cases in Illinois because of the numerous factors affecting each case, but the settlement amounts are likely to range between $100,000 and $150,000.
If you’re wondering what the average settlement for Paraquat could be and what you can expect to recover, it’s important to know more about these cases and how they work.
Factors Impacting Paraquat Settlements
Before filing a Paraquat case, you must know more about what to expect in a class action lawsuit against liable parties in these cases, including the factors that can impact your settlement amount.
The following are a few of the influencing factors that can help determine how much a potential case is worth:
Severity of Health Issues
The severity of your condition will greatly impact the total settlement amount you’re able to recover in a Paraquat case.
Paraquat can cause Parkinson’s Disease and other health conditions. Parkinson’s Disease is a serious degenerative disease that can cause many symptoms in patients. It can be difficult to treat this illness, and it can progress to the point where the sufferer is unable to not only work, but function on a daily basis. As a result, patients suffering from this disease because of Paraquat exposure may be able to recover more compensation than people with lighter conditions.
Paraquat can cause more than Parkinson’s Disease, depending on the type of exposure. People who sustain Paraquat poisoning don’t typically survive, but they can survive poisoning and suffer many long-term health conditions, including:
- Kidney failure
- Heart failure
- Esophageal strictures that lead to difficulty swallowing
- Scarring in the lungs
Ultimately, the more serious the health condition of the claimant and the more it affects his or her life, the more he or she may be able to recover in a settlement.
Extent of Exposure to Paraquat
Another factor to consider is the length of exposure to Paraquat and the quantity of the exposure.
For instance, some commercial farmers may experience exposure to moderate amounts of Paraquat over many years, leading to the development of Parkinson’s or another condition.
Others could suffer minimal exposure, which may make it less clear whether the exposure caused the claimant’s health condition.
Evidence will be crucial in helping prove the extent of Paraquat exposure and how the claimant developed Parkinson’s Disease or another condition because of it. People with more extensive exposure are likely to qualify for more compensation.
Impact on Quality of Life and Future Medical Expenses
This factor extends from the severity of the health condition that the claimant suffers. Generally, the more progressed the condition is, the more it will negatively impact the sufferer’s life.
Patients of Parkinson’s Disease or other serious Paraquat-related conditions may not be able to function in daily life without discomfort, distress, and other issues affecting their physical and mental well-being. These aspects could count toward non-economic damages in a Paraquat lawsuit, complementing economic damages like medical bills and lost income.
Also, the cost of treating Parkinson’s Disease and other conditions can extend to the rest of the patient’s lifetime, which can factor into the total settlement amount. People could face thousands of dollars in care to combat the progression of Parkinson’s alone.
The Legal Process for Paraquat Lawsuits in Illinois
If you want to learn how to join a class action lawsuit, there are some aspects of these cases to keep in mind.
Here are two main items to consider in Paraquat cases:
Proving a Paraquat Link to Health Issues
When a Paraquat-related condition like Parkinson’s Disease develops, plaintiffs must prove that this weed killer is specifically linked to the condition. Parkinson’s Disease has multiple potential causes and can develop in people who haven’t suffered exposure to Paraquat.
To prove the Paraquat link, you must show that you either worked on or were otherwise on a property where Paraquat was present at the time of your visit or residency. For example, you may have worked on a farm where Paraquat was regularly present, or you may have handled it yourself without knowing the risks associated with the product.
Some people may also suffer exposure when living on or near a property, such as a commercial farm, where farmers and others regularly applied Paraquat.
In any case, it’s important to collect enough evidence to help prove the link between exposure and your condition, which will help build a successful case against liable farmers, manufacturers, or other parties.
The Importance of Evidence
Evidence is crucial in Paraquat cases to prove the extent of your condition and the link between the condition and Paraquat exposure.
There are multiple pieces of evidence you may use to build a successful case, including:
- Medical records — This documentation will detail your diagnosis and include any other information about your condition that can help prove the link between it and your Paraquat exposure, including when you developed Parkinson’s Disease or another illness.
- Proof of the use of Paraquat — You may also obtain evidence proving the use of Paraquat where you suffered exposure. For example, you may collect records of farmers buying Paraquat for use on their farms, or you may take photos of Paraquat containers or killed crops, along with footage of any injuries you may have sustained from poisoning, including lip or tongue ulcerations.
How an Attorney Can Help Your Case
If you need assistance building a Paraquat lawsuit, a class action lawyer with experience handling these cases can help. Class action attorneys will know how these cases work and can give you a better idea about the average settlement for Paraquat lawsuits, along with what you can expect to recover in your case.
The right attorney will be able to help you navigate a lawsuit in a few key ways. He or she could:
Negotiate a Settlement Agreement
When attempting to recover compensation in a Paraquat case, you must negotiate a settlement with the liable parties and their attorneys. This process can be challenging, especially if you’re going up against large manufacturers who work diligently to avoid making large settlements and ruining their reputations.
A lawyer who understands the ins and outs of these cases can work with you to negotiate a settlement and ensure you don’t lose out on the total amount you deserve. He or she will determine exactly how much your case is worth, identifying and calculating all damages associated with your case. He or she will then be able to make counteroffers to the liable party’s offers to fight for a fair settlement.
Remember, if you accept an initial settlement from a liable party in a lawsuit, you may not be able to recover more compensation at a later date. An attorney will continue negotiating to avoid potential low-ball settlements.
Help Gather Evidence and Witness Statements to Support Your Case
As mentioned, you’ll need plenty of evidence to support a case if you proceed with a Paraquat lawsuit. This evidence will come in the form of everything from medical records and proof of lost wages, to proof of the presence of Paraquat on a property and witness testimony.
An attorney can gather any and all evidence you’re unable to obtain on your own, including medical documentation and witness statements from people who may have insight into the exposure incident.
In the process of obtaining this evidence, your attorney would also be able to organize it to present a strong case during negotiations or in a trial setting.
File a Case Before the Statute of Limitations Ends
Another way an attorney can help you with your case is by ensuring your file on time before passing the statute of limitations.
The statute of limitations is a time limit that comes with every type of civil case. This time limit typically begins at the time of injury and lasts for anywhere from one to six years in Paraquat cases, but the limit will vary depending on the state where the case takes place.
In Illinois, the statute of limitations for Paraquat cases is two years from the time of your Parkinson’s Disease diagnosis. This limit means you have two years from the time of diagnosis to file a claim or lawsuit, after which point you may not be able to recover compensation.
A lawyer can work closely with you to gather all necessary evidence and begin negotiations well before the statute runs out. This will get you on the way to full financial recovery sooner and help ensure you can seek total compensation from the defendants.
Determining the Average Settlement for Paraquat Cases
While there isn’t a fixed average yet for Paraquat lawsuit settlements, it’s possible to figure out how much your case is worth by looking at all damages resulting from Paraquat exposure. Working with an experienced attorney, you may be able to determine what kind of compensation you’re able to recover in a lawsuit.
