Anyone considering launching a lawsuit based on cancer caused from Roundup (glyphosate-based herbicide) should have a clear understanding of the process, Joseph Fantini, lawyer and founder of the Roundup Cancer Compensation Program (RCCP) said. —
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Fantini, who is also one of the senior attorneys at Philadelphia's Rosen Injury Lawyers, took time out from his busy schedule to explain in detail to new and potential claimants the legal journey they will take in trying to claim compensation for health-related damages and why he founded the RCCP.
As with any personal injury claim, the person launching the lawsuit, known as the plaintiff, files a civil case at court.
“This will outline their case and claims against the manufacturer of Roundup which alleges caused them harm. But this is where things can go wrong so we have a specific process we follow to make sure there are no missteps,” he said.
The so-called 'discovery process' begins when the defendant files a reply against the complaint, which includes information, such as medical records and testimony, exchanged between the parties, backed up with documentation.
Fantini commented that once this has been established, pre-trial motions will be filed and held before a court in front of a judge to decide whether specific evidence can be accepted or dismissed.
“Once both sides are ready, a trial in which we set out our arguments takes place. We have been involved with thousands of these cases so within the RCCP we go about this in a way that gives us the best chance of success,” he said.
Obviously when all is said and done, the judge or jury will decide whether the defendant is liable and should be held financially responsible for the plaintiff's health issues linked to Roundup.
Fantini explained that the bedrock of lawsuits that the RCCP brings is product liability. This means the plaintiff alleges the manufacturer contributed to the health problems by their unreasonably dangerous or defective product.
“Facing the complexity of the case, the many legal arguments and medical records to assess, the timeline of a lawsuit can be expected to take years rather than months,” he added.
The court's own scheduling can also contribute to the length of time before a case is heard. In saying that, the length of time a lawsuit takes from start to finish could depend on the plaintiff's desire for a quick conclusion or to see their case through to get a fair compensation amount.
Fantini said: "While everything I’ve said is the expected trial journey, we often are able to shortcut things by making it sensible for the defendant to settle before the case reaches court.”
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