Paraquat is a substance that, until recent years, farmers used as an herbicide in the Palm Desert region—and throughout California. To use paraquat in California now, the user must hold a special permit. This is because numerous studies have demonstrated that frequent and prolonged exposure to paraquat can lead to various medical complications and symptoms, including developing Parkinson’s disease.
If you or someone you care about was diagnosed with Parkinson’s resulting from paraquat exposure, speak with a lawyer as soon as possible about your legal options—and whether or not you might be eligible to pursue a claim for damages.
Paraquat exposure claims are a type of product liability legal action. In a product liability case, an injured or ill consumer begins filing a claim or lawsuit against an entity that manufactured a defective product. As part of the product liability claim, an injured consumer alleges that the product was defective, that a design defect existed, or that the proper warnings were not present on the defective product.
Seeking Trusted Legal Help After Paraquat Injuries
If you are thinking about pursuing a product liability claim or lawsuit against a manufacturer, you need a knowledgeable legal team representing you in your case from beginning to end.
First of all, a skilled lawyer can determine whether or not you have a viable claim to begin with. If you have a product liability claim, your lawyer can file your claim and all the necessary supporting documents. Your lawyer can also negotiate with a product manufacturer’s insurance company on your behalf and pursue settlement compensation for your illness or injuries. If the insurance company will not compensate you adequately, your lawyer can pursue litigation on your behalf in the civil court system and fight for the compensation you deserve.
The knowledgeable and compassionate Palm Desert paraquat lawyers at Nadrich & Cohen have a strong track record of experience effectively settling and litigating paraquat injury claims. Our legal team has collectively recovered more than $350 million in compensation for our clients, attesting to our zealous advocacy skills and experience. This figure also includes monetary compensation that we’ve recovered for our clients in defective product cases, including paraquat settlements and litigation.
Please call us today or contact us online for a free consultation about how we can assist you with your legal matter. You can also use the texting feature that’s available on this page.
Common Symptoms of Parkinson’s Disease That Follow Paraquat Exposure
Scientific studies demonstrate that frequent exposure to the herbicide paraquat can lead to symptoms of Parkinson’s disease. You should be on the lookout for these symptoms, and if you experience one or more of them, you should contact a qualified medical provider.
Some of the most common symptoms that are associated with Parkinson’s disease include:
- Frequent shaking—even at times when the person’s muscles are in a relaxed state
- Slow reflexes and movements
- Lack of balance
- Bodily stiffness
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In addition to these primary symptoms, Parkinson’s disease sufferers also typically experience secondary symptoms. Those symptoms can include abrupt stops while walking, slurred speech, quiet speech, monotonous tone of voice, difficulty swallowing, expressionless face, small penmanship, and a posture that bends in a forward direction.
There are several reasons why exposure to paraquat can bring about the symptoms of Parkinson’s disease. Specifically, herbicide exposure can lead to brain cells experiencing oxidative stress. As a result, neurons in the brain will die, which, in turn, limits a person’s dopamine production. Dopamine is a chemical that helps to facilitate motor coordination within a person’s body. When these neurons die because of paraquat exposure, they do not grow back, potentially resulting in symptoms of Parkinson’s disease.
Filing a Claim or Lawsuit after Exposure to Paraquat
If you or a person you care about is diagnosed with Parkinson’s following paraquat exposure, you should speak with a knowledgeable attorney as soon as possible.
The skilled legal team at Nadrich & Cohen can file a legal claim on your behalf based on one or both of the following theories of recovery:
- Strict liability – Under a strict liability legal theory of recovery, an attorney can allege that a product manufacturer designed the product at issue in a defective manner—or that the manufacturer failed to provide the necessary warnings on the product to apprise the user of potential dangers. At other times, the lawyer may allege that even though a warning was present on the product, it was not in an area that a reasonably prudent customer would observe.
- Negligence – Under a negligence legal theory of recovery, an attorney can allege that a product manufacturer behaved unreasonably under the circumstances by doing something that a reasonable manufacturer should not have done—or by failing to do something that a reasonable manufacturer should have done. Specifically, the attorney representing the injured product user/consumer might contend that the manufacturer failed to adequately test the product before making it available for purchase by the public (and in the general stream of commerce). The same is true if the manufacturer unreasonably failed to warn potential consumers about the side effects or possible consequences associated with normal product use.
In a negligence claim that stems from products liability, the injured consumer has the legal burden of proof in the case. They must satisfy this burden fully to recover money damages. Specifically, the consumer must demonstrate that the product manufacturer more likely than not did something wrong, that they suffered injuries, and that the injuries directly resulted from the manufacturer’s negligence.
An experienced Palm Desert paraquat lawyer at Nadrich & Cohen can help you satisfy the legal elements of proof in your product liability or negligence case and will work to get you the compensation that you need for your illness or injury.
Settling Versus Litigating a Paraquat Injury Claim
When a Palm Desert paraquat lawyer represents you during a personal injury claim, they will be working hard to help you recover the maximum amount of compensation available to you in your case.
As part of the claims-filing process, your lawyer will introduce copies of your medical records and bills, any wage loss statements, and other pertinent documentation that supports your eligibility for damages. The insurance company adjuster handling the claim for the manufacturer will review all of these documents, and they might make an initial offer to resolve your case through settlement.
Since most initial settlement offers are not very good, your lawyer will likely need to negotiate with the insurance company—possibly several times—before reaching an amicable settlement. If the insurance company will not compensate you fairly for your illness or injuries, you can file a lawsuit in court and litigate your case.
A product liability attorney begins the litigation process by filing a complaint against the manufacturer in the court system. Once a defense attorney enters an appearance, the parties will engage in both written and oral discovery. In written discovery, the parties will exchange documents and the answers to questions about the claim and the injuries the consumer suffered. In addition, the court might order the parties to attend a settlement conference, at which time they may continue settlement negotiations and attempt to resolve the case.
Most product liability claims settle out of court without ever going to trial. In most instances, insurance companies and manufacturers will avoid the high costs of litigation by settling the claim fully. However, if the case needs to go to a jury trial, the jury members will decide all of the disputed issues in the case, including what, if any, damages to award the consumer.
In some cases, parties in a product liability case will take their matter to binding arbitration. When that happens, a neutral, third-party arbitrator (who is often a retired judge or practicing lawyer) will review all of the evidence in the case, listen to the consumer’s testimony, and render a damage award to compensate the consumer.
A knowledgeable Palm Desert paraquat lawyer at Nadrich & Cohen can review all of your legal options with you and can help you decide on the best legal course of action for your product liability case. Specifically, our legal team can help you decide whether you should accept a pending settlement offer or take your case to a jury trial or arbitration proceeding. We will help you make the best decision for your case and maximize your monetary recovery.
Potential Damages in Paraquat Product Liability Cases
If you or a person you care about has suffered an illness or injuries from paraquat exposure, you might recover several damages through your claim. Not all product liability cases are the same, and the damages that various plaintiffs are eligible to recover will vary from person to person and from case to case. The types and amounts of damages you might be eligible to recover will depend upon the severity of your illness, the extent of your medical treatment, and the cost of your medical treatment.
In terms of economic damages, victims of paraquat exposure can pursue monetary compensation for all of their out-of-pocket costs, medical expenses and lost wages if they cannot work as a result of their illness or injury. In cases where paraquat exposure caused a person’s untimely death, the deceased individual’s surviving loved ones might be in a position to file a wrongful death claim and pursue various damages.
In addition to these economic damages, injured or ill consumers can pursue non-economic compensation. Although we cannot value this compensation in exact dollars and cents, these damages make an injured individual feel whole again. Non-economic damages include compensation for inconvenience, pain and suffering, lost quality of life, lost earning capacity, and loss of enjoyment of life.
If you or someone you love suffered an illness or injury from paraquat exposure, the knowledgeable Palm Desert paraquat attorneys at Nadrich & Cohen will passionately advocate for your legal interests during settlement negotiations, and if necessary, in court. Our legal team will help you pursue the maximum compensation available to you in your case and will do everything possible to get you all of the damages that you deserve.
Speak With an Experienced Palm Desert Paraquat Lawyer Today About Your Legal Matter
Pursuing a class action or personal injury claim based upon paraquat exposure can be difficult to do on your own. If you go unrepresented in your product liability case, the insurance company will almost certainly try to take advantage of you and will significantly undervalue your claim. The insurance company will assume that without a lawyer, you do not have the necessary legal skills to negotiate or litigate your case.
If you are suffering from an illness as a result of long-term paraquat exposure, the skilled team of local attorneys at Nadrich & Cohen is here to help you. Our legal team will zealously advocate for your legal interests—both at the settlement negotiating table and if necessary in the courtroom—to get you the best possible result in your case.