People make use of talcum powder for many things. Because of its nature, people use it to absorb moisture and reduce friction. Talcum powder also helps to prevent rashes, and it keeps the skin dry. Despite its many uses and versatility, talcum powder lawsuits abound, since it reportedly causes cancer.
During the manufacturing of talcum powder, the product got tainted with asbestos. However, talcum powder manufacturers knew their product was contaminated yet said nothing about it. Because of this, people began suing manufacturers of talcum powder; thus, the birth of talcum powder lawsuits and the need for mass tort lawyers.
In this article, we would be enlightening you on all you need to know before you decide to file a talcum powder lawsuit.
Georgia’s Statute of Limitation on Talcum Powder Claims
The statute of limitation is the limited amount of time that an individual has to file a product liability claim. In other words, as a victim filing a lawsuit against a talcum powder manufacturer, you have a time limit for reporting the incident legally.
In Georgia, the countdown starts from the date of the injury. The state’s Statute of Limitations provides that a plaintiff must bring an action within two years from when the injury was discovered. Once you find out you have talcum-related cancer, you have two years to file a claim or pursue legal action against the manufacturers.
Qualifications for Filing a Talcum Powder Lawsuit
One of the essential things you should consider before you file a talcum powder lawsuit is the criteria for filing the lawsuit. The following will help you in determining if you are qualified to file a talcum powder claim.
- The time you received the diagnosis stating you have cancer.
- The type of cancer you were diagnosed with, e.g., ovarian cancer, fallopian tube cancer, mesothelioma, and so on.
- Length of time you used the talcum powder for. For instance, you should have used talcum powder for a minimum of four years daily.
- Presence or absence of a genetic disorder that predisposes you to have ovarian cancer.
Stages in a Georgia Talcum Powder Mass Tort Case
A talcum powder lawsuit is a mass tort action. A mass tort case or lawsuit is a legal or civil action that consists of several plaintiffs against one or several defendants.
The first stage is the record review. Your attorney would evaluate your medical records and other pieces of evidence to determine if you have a chance in the lawsuit. After your attorney has gone through your case’s details, they would give you the go-ahead to file the lawsuit.
The next phase is when the court goes through all the cases in the mass tort action and chooses relatively severe cases that would act as representatives. This is known as the Bellwether Trials. It is with these representative cases that the court would make their decisions concerning the talcum powder case.
The last stage is the settlement stage. This is where the plaintiffs and defendants reach a compromise. It is also at this stage that plaintiffs get compensation for their damages.
Other Things To Note About a Talcum Powder Lawsuit
Apart from the previous topics we have discussed, there are other aspects of a talcum powder lawsuit that you should note and prepare for if you hope to achieve success.
How Long Does It Take To Settle a Talcum Powder Lawsuit?
A talcum powder lawsuit differs from case to case. Several circumstances could shorten or lengthen the case. Some factors that could extend the settlement of your talcum powder case include:
- Statute of limitations in Georgia
- Analysis of evidence
- Interrogation of eyewitnesses
- Availability of a court date
All in all, it could take between 2 and 10 years to settle a talcum powder case. However, if you have an experienced talcum powder attorney, it could make your case more favorable.
Recoverable Damages in a Talcum Powder Lawsuit
The damages you can recover from a talcum powder case are economic, non-economic, and punitive damages. Below are some of the recoverable damages in a talcum powder lawsuit:
- Medical bills (past and future treatments)
- Loss of past and future wages
- Pain and suffering
- Emotional distress
Dalimonte Rueb Stoller, LLP, Can Help You!
Dalimonte Rueb Stoller, LLP, is a law firm that specializes in mass tort cases like talcum powder lawsuits. We offer a no-fee guarantee to our clients. In other words, if we do not win the lawsuit, clients do not have to pay for our services.
Our professional mass tort attorneys are available 24/7 to assist residents of Georgia with their cases. We also offer free consultation and free case reviews to our clients. Get in touch with us today to get started.