What are the eligibility criteria for filing a paraquat claim?

If you intend to file a paraquat claim, you need to meet certain eligibility criteria, including significant exposure to the herbicide and a diagnosis of Parkinson’s disease. It would help if you also kept in mind that these claims have a statute of limitations that depend on your state of residence.

answered by Gregory A. Cade

Only people with Parkinson’s disease can file a paraquat claim

Since 1962, paraquat has been widely used throughout the country and around the world, as it is very effective in destroying weeds and grasses that are resistant to glyphosate, another toxic herbicide that is usually sold under the brand name Roundup.

However, frequent or prolonged exposure to paraquat can lead to the development of Parkinson’s disease over the years, a diagnosis for which people can recover compensation.

In fact, this is the only diagnosis for which people with a history of paraquat exposure can file a toxic exposure claim. Accordingly, the eligibility criteria for filing a paraquat claim are the following:

The majority of people who have been significantly exposed to paraquat are agricultural workers such as farmers and farmworkers. Nevertheless, other categories of people are eligible for filing a paraquat claim, as they also have significant exposure to the herbicide, such as chemical mixers, tank fillers, and herbicide applicators.

Lastly, individuals who live around farming communities also qualify for filing a paraquat claim. A study found that exposure to paraquat within 1,600 feet of a home increases the risk of developing Parkinson’s disease by 75%.

The reasons for which you may want to file a paraquat claim vary and can include:

  • product liability: manufacturers may or may not have known that their products do not meet consumer safety and expectations. These products might prove to be dangerous and are the cause of illness and death. Therefore the injured person can recover damages.
  • product negligence: manufacturers are responsible for what they put on the market. Therefore, manufacturing negligence is a failure to take care during the manufacturing process, carry out effective tests, or warn that their products may have defective parts or are dangerous for use.
  • public nuisance: the companies that manufacture paraquat were aware of the health problems exposure to paraquat can cause in the general public but failed to take any action in this respect.
  • the California Consumer Legal Remedies Act: the companies that manufacture paraquat had actual or constructive knowledge of the health dangers correlated with exposure to the herbicide but employed unfair business practices with consumers, such as concealing, suppressing, or omitting to disclose the inappropriate research and testing performed.
  • breach of implied warranty of merchantability: this reason can be invoked when paraquat was not used for the intended purposes it has.

File a paraquat claim with the assistance of our resourceful legal team

Since 1990, our law firm has been pursuing compensation for victims of toxic exposure and is bound to do the same for you. If you developed Parkinson’s disease due to paraquat exposure, you are eligible for compensation from the responsible manufacturers.

While the legal process is complex and demanding, it will require minimal involvement on your part. A family member can help you navigate it, as we are aware that people who struggle with Parkinson’s disease are in a lot of physical and emotional pain.

You will only have to provide your attorney with evidence of your paraquat exposure, as well as proof of your related diagnosis, which must be Parkinson’s disease. Furthermore, our legal experts will conduct in-depth research to find additional evidence for your claim.

Eventually, you will recover the maximum compensation you are entitled to from the liable companies if you choose to work with our skilled legal team. For more information, do not hesitate to contact us, and we will promptly answer your questions.

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