Steps in filing an EtO claim
Both direct EtO victims and their family members filing on behalf of the deceased victim will go through a similar claims process. The only difference is that EtO victims file a toxic exposure claim while relatives file a wrongful death claim.
Here’s a rundown of the main steps in filing your EtO-related claim:
1. Talking to an experienced lawyer.
Before anything else, consult an attorney with experience handling toxic exposure or wrongful death claims. They can evaluate your case and determine whether or not you may qualify for compensation. If you are deemed eligible, a knowledgeable attorney can answer any and all questions you have, and they will also let you know your next legal options.
2. Gathering relevant and necessary evidence.
With the guidance and assistance of an attorney, you now know what documents you need to collect. These documents will serve as evidence that may help support your claim. To give you an idea, you and your lawyer might need the following records:
- Medical records, such as a diagnosis or test results
- Employment records for EtO facility employees
- Resident records for those residing close to EtO facilities
- Death certificate for family members filing a wrongful death lawsuit related to EtO exposure
3. Filing and submitting a formal complaint.
A formal legal complaint will be drafted and filed by your trusted attorney. This legal document outlines your EtO claim and the compensation you are seeking from the responsible party.
4. Participating in the discovery process.
During the discovery phase, both parties share and swap evidence, information, and other necessary documents for the lawsuit. This process may include interviews or depositions as well.
5. Going to trial or negotiating a settlement.
If the company you sued refuses to settle, then your EtO claim will proceed to court for trial. In a trial, both sides will present their evidence to a judge or jury, who will decide the case’s outcome.
Alternatively, a settlement may also be reached either before going to trial or during the trial process. You and your lawyer may review the settlement offered by the company you sued.
Contact ELG Law to begin filing your EtO claim
Do you believe your cancer diagnosis or the death of your loved one is related to ethylene oxide exposure? If yes, we encourage you to consult us at ELG Law. We can assess your case and see if you qualify for compensation. Our lawyers have over three decades of experience, so you can be confident in their ability to help you with your EtO claim. Talk to our legal team today to start your claims process for ethylene oxide exposure.
