9 Things You Need to Know About Filing a Lawsuit for Water Contamination

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Water contamination occurs when harmful substances like chemicals, bacteria, and toxins infiltrate water sources meant for human consumption. This can happen through industrial dumping, agricultural runoff, leaky storage tanks, and natural disasters.

One notable water contamination case occurred at Camp Lejeune in North Carolina. From the 1950s through the 1980s, drinking water in this Marine Corps base was polluted with harmful chemicals, including trichloroethylene, tetrachloroethylene, and benzene, leading to serious health issues among the base personnel and their families.

Water contamination is unfortunately common in the United States, with over 80,000 violations reported in 2015 alone, according to an NRDC report. The health consequences of drinking contaminated water can be severe, including gastrointestinal illness, reproductive problems, and neurological disorders.

Legal action may be necessary when negligence or misconduct leads to water contamination that impacts human health. Affected individuals can hold the liable party accountable and seek compensation for medical costs, lost wages, lowered property values, and other damages. Understanding the legal process is crucial.

Health Impact of Water Contamination

Ingesting or absorbing contaminated water can cause acute and chronic health effects. Bacterial contaminants like E.coli and Salmonella can trigger gastrointestinal distress. Chemical toxins like arsenic, lead, and mercury accumulate in the body over time and are linked to cancer, organ damage, infertility, and birth defects.

Those with compromised immune systems, such as infants, the elderly, and pregnant women, face higher risks.

1. Hiring a Lawyer: Why it’s Essential

Retaining an experienced water contamination lawyer is strongly recommended when pursuing legal action. In complex cases like the Camp Lejeune incident, the role of a dedicated Camp Lejeune water contamination lawyer is crucial. These intricate cases involve scientific evidence, regulations, and negotiations with insurance companies, corporations, and government bodies.

An attorney in this area understands technical and legal complexities, helping clients maximize compensation. They can coordinate with experts, uncover evidence through discovery, determine viable legal avenues, and estimate realistic outcomes.

2. The Process of Filing a Lawsuit

The lawyer will determine the best legal strategies, which may involve filing in civil court, reaching a settlement, or joining a class action suit.

To proceed with a lawsuit, the attorney will gather evidence, identify the liable parties, calculate damages, and file the complaint initiating legal proceedings. Defendants are notified and must respond within a set timeframe. More evidence collection and negotiations follow before a trial date is set.

Most cases settle out of court to avoid a lengthy trial. If not, a judge or jury decides the outcome at trial. Appeals may be possible. With an attorney’s counsel, clients can make informed choices during this process.

3. Gathering Evidence for Your Case

Strong evidence is vital for proving liability and damages. An attorney will compile relevant documentation, statements, expert opinions, medical records, and scientific data.

Examples include internal memos proving the defendant’s prior knowledge of contamination risks, testing results confirming water toxins, geological surveys revealing the pollution’s spread, and doctors’ assessments of health impacts.

Eyewitness accounts, consumer complaints, and government inspection reports also build a case. Photographic and video evidence add visual support. An experienced lawyer knows how to collect and present evidence effectively.

4. Understanding Statute of Limitations

Each state sets legal time limits, known as statutes of limitations, for filing water contamination lawsuits. They often range from 1 to 6 years from the date of injury or discovery of harm.

The clock starts ticking when someone becomes ill from contaminated water or learns their water source is polluted. Long latency periods for certain diseases, however, allow more time for legal action.

An attorney will determine the relevant statutes and deadlines based on case specifics. Contacting a lawyer soon after discovering water pollution and related health effects is advisable.

5. Potential Compensation from Lawsuits

Water contamination lawsuits can lead to substantial compensatory and punitive damage awards if successful. Compensation is meant to cover economic and non-economic losses.

Economic damages reimburse medical costs, lost income, decreased property values, and rehabilitation expenses. Non-economic damages compensate for pain, suffering, and reduced quality of life. Punitive damages punish and deter egregious corporate behavior.

6. Legal Fees and Expenses

Pursuing a water contamination lawsuit does involve legal costs. Many lawyers, however, work on a contingency fee basis – they only get paid if you win compensation. Their fee is a percentage of the final award, often 30% to 40%.

Initial consultations are frequently free. Reputable firms are transparent about fee structures and will cap percentages. They may also cover upfront case expenses rather than asking clients to pay costs if unsuccessful.

7. The Role of Government Agencies

Relevant government agencies like the EPA or state environmental departments play a role in water contamination issues. They set drinking water standards, conduct investigations, impose fines, and order remediation.

While agency actions apply public pressure, force corrective actions, and facilitate private lawsuits, they cannot obtain compensation for individuals. Direct legal action is still necessary to recover damages.

8. Dealing with Large Corporations or Government Bodies

Legal battles can be more challenging when large companies or government bodies are responsible for water pollution. These well-resourced defendants often aggressively fight lawsuits.

They know how to confront uncooperative defendants, combat delay tactics, compel evidence discovery and expose misconduct. Securing justice against powerful polluters requires tenacity and strategic legal skills.

9. The Impact of Legislation on Water Contamination Cases

Laws and regulations about clean water, pollution reporting, and environmental justice influence water contamination lawsuits. Recent legislative reforms in some states have eased requirements for proving causation and expanded rights to sue.

For example, some states now allow “public nuisance” claims against polluters.

Attorneys stay up-to-date on relevant legislation and case law when developing legal strategies.

Conclusion

The complex legal territory around water contamination can be navigated with the right guidance. An experienced environmental attorney is indispensable for assessing case viability, preserving rights, proving accountability, and recovering deserved compensation. Legal action delivers both justice and resources to heal.

While the process involves commitment, those affected by negligence deserve their day in court. With persistence and a strong case, you can win the lawsuit and get compensated for your sufferings.

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