Before You File: Key Things to Know
- PFAS attorneys work on contingency. You pay nothing unless your case is won or settled. There is no financial risk to pursuing a claim.
- You don't need to have all your documents ready before speaking with an attorney. Start the process, then gather documentation with your attorney's help.
- Time is a factor. Statutes of limitations run from your diagnosis date or from when you discovered the PFAS link to your illness. Don't wait.
- You don't travel to file. Most PFAS cases are part of federal MDL proceedings. Your attorney handles the filing; you provide information and documents.
Step 1: Evaluate Your Eligibility
Before contacting an attorney, do a quick self-assessment:
- Were you exposed to PFAS through contaminated municipal water, military service/AFFF, or firefighting?
- Have you been diagnosed with kidney cancer, testicular cancer, thyroid disease, ulcerative colitis, bladder cancer, or another PFAS-linked condition?
- Does your diagnosis post-date the beginning of your PFAS exposure?
- Are you within your state's statute of limitations? (Typically 2–3 years from diagnosis or discovery)
If you answered yes to these questions, you likely have a viable claim worth pursuing. Use our eligibility screener for a more thorough initial assessment.
Step 2: Request a Free Case Review
Contact a PFAS attorney for a free, no-obligation consultation. You can start by submitting our case review form or calling directly. In the initial consultation, the attorney will:
- Ask about your exposure history (where you lived, worked, or served)
- Review your diagnosis and medical history
- Assess the strength of the causation link between your exposure and condition
- Explain the litigation process and timeline
- Answer your questions
Step 3: Sign a Retainer Agreement
If the attorney believes you have a viable claim, they'll ask you to sign a contingency fee retainer agreement. Key terms to understand:
- Contingency fee: Typically 33–40% of any recovery, paid only if you win or settle. Standard for mass tort cases.
- Costs and expenses: Some firms advance litigation costs (filing fees, expert witnesses, medical records) and recoup them from any recovery. Confirm how your firm handles this.
- Scope of representation: Confirm the attorney is representing you in the PFAS MDL or will file in the appropriate court.
Step 4: Gather Documentation
Your attorney will help you collect evidence. Key documents include:
Medical Records
- Diagnosis records from the physician who confirmed your condition
- Pathology reports (for cancer diagnoses)
- Treatment records (surgery, chemotherapy, thyroid medication, etc.)
- Blood PFAS serum levels (if tested)
Exposure Documentation
- Utility bills or records showing you received water from the contaminated system
- Lease agreements, mortgage records, or utility bills showing address and dates of residence in a contaminated area
- Military service records (DD-214, housing records showing base assignments)
- Employment records (if firefighter or industrial worker)
- EPA UCMR 5 records for your water system
Damages Documentation
- Lost wage evidence (pay stubs, tax returns)
- Medical bills and insurance explanations of benefits
- Documentation of how the condition has affected your daily life
Step 5: File the Lawsuit
Your attorney will file your complaint in the appropriate court — typically in the AFFF MDL 2873 in the District of South Carolina, or in the relevant state court depending on your case. Filing triggers the formal litigation process.
Step 6: Discovery and Plaintiff Fact Sheet
In MDL proceedings, plaintiffs are required to complete a "Plaintiff Fact Sheet" — a detailed questionnaire about your exposure history, medical history, and damages. Your attorney will help you complete this document accurately. Discovery in the MDL also includes depositions, document requests, and expert reports.
Step 7: Bellwether Trials or Settlement
Most mass tort cases — including PFAS — do not go to trial individually. The MDL process involves selecting a small number of "bellwether" (test) cases to try, which provide data about how juries respond to the evidence. These trial results typically drive settlement negotiations.
If a global settlement is reached, your claim will be evaluated against the settlement criteria and you'll receive a settlement offer. You are never required to accept a settlement — your attorney must advise you and you make the final decision.
How Long Does It Take?
Mass tort litigation is measured in years:
- Year 1–2: Case intake, filing, initial discovery, Plaintiff Fact Sheets
- Year 2–4: Expert discovery, Daubert hearings, bellwether selection and preparation
- Year 3–5: Bellwether trials and settlement negotiations
- Year 5+: Global settlement implementation or continued trials
What Does It Cost?
Nothing out of pocket. PFAS attorneys work on pure contingency:
- No fee for the initial consultation
- No fee to file
- No monthly retainer
- Attorney's fee (typically 33%) comes only from your recovery at the end
- If you don't recover, you owe nothing