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Do I Need a Lawyer to Pursue My Avenal Regional Landfill Lawsuit?


Landfill Liability Lawyers

Avenal Regional Landfill Class Action Lawyers

Worker in orange safety gear stands next to an orange dump truck dumping a huge pile of cardboard and paper waste inside a warehouse.

The community of Avenal, CA have come together to pursue a lawsuit against Waste Connections and Madera Disposal Systems alleging that there is an environmental disaster at the Avenal Regional Landfill. The landfill, located at 1200 Skyline Blvd, Avenal, CA 93204, sits just 500 feet from the nearest resident. The town of about 14,000 residents is just 1.5 miles from the landfill.

According to the lawsuit, the odors and gases from the landfill have contributed to residents experiencing different symptoms, including headaches, cardiac issues, nosebleeds, respiratory issues, and more. In addition, the lawsuit also alleges that residents have been forced to stay indoors to escape the foul odors and avoid harmful health effects. The lawsuit also alleges that residents have had to avoid using their yards and any outdoor spaces.

This is just one of the lawsuits filed against the operators of the Avenal Regional Landfill. As more affected residents come forward, it is very likely that more lawsuits will be filed. If you and your family have been harmed as a result of the foul odors radiating from the Avenal Regional Landfill, it is important that you seek legal help as soon as possible. You could have the right to file a lawsuit and receive compensation.

How the Downtown L.A. Law Group Can Help: our team has decades of experience and is fully committed to helping you and your family seek justice. Our team is not afraid to take on any landfill owner or operator to fight for the rights of our clients. If you are ready to explore the legal options available to you, contact our team as soon as possible.

When Should I Consider Hiring a Lawyer?

You may want to speak to an experienced attorney if the landfill odors are

  • Persistent or unusually severe
  • Interfering with your ability to enjoy or use your home (including outdoor spaces)
  • Causing documented physical symptoms
  • Affecting your property’s value
  • Affecting multiple residents in the community
  • Continuing, despite complaints to the landfill operator or government agencies

The Benefits of Having a Lawyer

Below, we will go over some of the top reasons to hire legal help when pursuing a claim against a landfill owner or operator.

A Lawyer Can Help You Understand the Applicable Laws and Your Legal Options

Understanding the different laws that may apply to your case could be confusing, especially considering that the language surrounding these laws may be complex. For instance, the residents of Avenal may have grounds to pursue a claim under California’s nuisance law. This refers to California Civil Code 3479, which defines a nuisance as anything that is “injurious to health…or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.” Under this law, affected residents could have the right to pursue claims.

Discussing your situation with an experienced lawyer will help you understand the type of claim you could pursue and the next steps to take.

A Lawyer Can Help Gather All Required Evidence

In a landfill odor case, documentation can be particularly important. Even thinking of pursuing a claim can be overwhelming for victims and their families. It can be difficult to track down and gather all the necessary evidence. An experienced lawyer will be able to help you gather all important evidence, including the following:

  • Statements from neighbors
  • Property records or evidence of potential property impacts
  • Complaints made directly to the landfill or the government agencies
  • Medical records documenting symptoms
  • Dates and times odors occur
  • Odor intensity and duration
  • And more

A Lawyer Can Explain the Compensation Available for Recovery

If you are eligible to pursue a claim, you could also be eligible to recover compensation. The categories of compensation available for recovery will vary based on the specific details of each case pursued. Some of the common categories of compensation that could be available for recovery could include the following:

  • Medical expenses
  • Lost income
  • Pain and suffering
  • Property damage
  • Punitive damages
  • Legal fees

As briefly mentioned above, the compensation that you could be available to receive will be based on the facts specific to your situation, including the extent of the harm suffered, whether any permanent harm occurred, and more. An experienced lawyer will be able to evaluate the details surrounding your claim to determine the compensation that you can recover and the possible value of your claim.

A Lawyer Can Explain the Deadlines that Apply and File Your Claim on Time

Landfill odor claims are subject to strict deadlines. Failing to file any claim on time can result in losing the right to sue entirely, meaning that affected residents that fail to file their claims will lose their right to file a lawsuit and receive compensation. Because exceptions to these deadlines can apply, it is very important to have the appropriate legal guidance. Your lawyer can help you determine exactly what filing deadlines apply. Then, when it is time to file the claim, your lawyer will ensure that everything is filed on time.

What If I Don’t have a Lawyer?

Taking on landfill owners and operators without legal representation can risk the outcome of your claim. Even if your claim is straightforward, you can encounter different issues that could ultimately result in your claim failing. Without legal help, it is easier for claims to be disregarded by defendants and their insurance companies. Even if your claim is taken seriously, there is a risk that the other party will make unfair settlement offers and may pressure you into accepting low settlement offers or even entirely withdrawing claims.

When you hire a lawyer, you give yourself the best chance at winning your landfill odor lawsuit.

Contact the Downtown L.A. Law Group Today

Although it is possible to pursue some injury claims without legal help, doing so is not recommended – especially when it comes to complex claims like those involving noxious odors from landfills affecting entire communities. Whether you are simply looking for information or you are ready to begin your lawsuit, we can help you. The team here at the Downtown L.A. Law Group has decades of experience and is more than ready to provide you with the guidance that you need to begin or continue your claim.

Our team is dedicated to remaining access to all. We offer free case evaluations, which include both free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions and address all your concerns, making sure that you have access to all the information that you need to either start or continue your claim. To schedule your free case review and discuss your legal options with our landfill odor lawsuits, contact us today.

Zero-Fee Guarantee: you will never be responsible for paying any legal costs for any of our legal services. In addition, our team works on a strict contingency basis, so you will not be responsible for any legal expenses if your lawsuit is not successful. If you do not, you will not have to pay anything at all.

Contact our team today to learn more about the legal options available to you.

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