The odors and fumes coming from the Avenal Regional Landfill are affecting the community of Avenal, California. The landfill is located just 500 feet from the nearest residence. Approximately 14,000 residents live within 1.5 miles of the landfill.

According to residents, the noxious odors and toxic gases from the landfill have left them dealing with a number of symptoms, including the following:

• Hemorragias nasales
• Dolores de cabeza
• Problemas respiratorios
• Problemas cardíacos
• Y más

Residents also claim that they have been forced to avoid using their yards and outdoor spaces and stay inside their homes to escape the odors and any health risks.

If you are among the Avenal residents affected by the odors coming from the landfill and are thinking about pursuing a claim, it is important that you seek legal help as soon as possible to ensure that you understand exactly how long you have to file your claim. All claims are subject to a statute of limitations; missing the filing deadline can result in losing the right to sue.

To ensure that you understand the total length of time that you have to file your claim, contact our team here at the Downtown L.A. Law Group. Our team is ready to provide you with the guidance that you need to pursue your claim and recover the compensation that you are owed.

¿Qué es un plazo de prescripción?

A statute of limitations is essentially a deadline that determines the total length of time that claimants file their claim. A statute of limitations is a deadline that ensures that all claims are promptly filed. It ensures that defendants do not have to face claims that they cannot defend themselves against, specifically if claims come many years after the incident. Because of this, failing to file claims on time can result in losing the right to sue entirely.

How Long Do I have to File a Lawsuit for Foul Odors from the Avenal Regional Landfill?

If you and your family sustained any harm related to foul odors from the Avenal Regional Landfill or any other landfill, you may have the right to file a claim. It is important that you file your claim within the appropriate timeframe to preserve your right to sue. Under California law, personal injury claims are generally subject to a two-year statute of limitations, meaning that claimants will only have two years to file their claims. This deadline applies to privately-owned landfills. Landfills owned or operated by a city or county entity are subject to shorter deadlines, as the six-month filing deadline for government claims will apply.

Since the Avenal Regional Landfill is owned by the City of Avenal (a government entity) and operated by Madera Disposal Systems, Inc./Waste Connections, Inc. (a private entity), claimants must adhere to all filing deadlines to ensure that they can name both the owner and operator in their lawsuits.

Without a doubt, determining the exact deadline can be complex, especially without legal help. Therefore, it is recommended to reach out to an experienced lawyer as soon as possible.

Are There Exceptions to the Filing Deadline?

Yes, certain exceptions to the statute of limitations may apply. If exceptions apply, the deadline could be tolled or paused for some time. Common exceptions are based on the following:

• The victim’s age (if the victim was a minor, the filing deadline is tolled until the victim turns eighteen or is legally considered an adult)
• The victim’s conscious state (if the victim is unconscious or in a coma due to their injury, the filing deadline is paused until they regain consciousness)
• The victim/defendant left the state (the filing deadline is paused until they return to the state)

Because determining the filing deadline and any applicable exceptions can be complex, it is recommended that claimants seek the guidance of a lawyer as soon as possible.

Contacte hoy con Downtown L.A. Law Group

If you and your family have suffered any sort of harm related to the foul odors coming from the Avenal Regional Landfill, you could have the right to pursue a claim against the owner and operator of the landfill. You could also have the right to recover compensation. To ensure that you have a thorough understanding of your legal options and the statute of limitations that apply to your landfill odor lawsuit, contact our team today. Our team offers free case evaluations, which includes both free consultations and free second opinions. During these free legal services, our team will be available to answer all your questions, address all your concerns, and ensure that you have access to all the information that you need to start or continue your claim. If you are ready to schedule a free case review, contact our team today.

Garantía de cero comisiones: you will never have to pay upfront legal costs for any of our legal services. Our team also works on a strict contingency structure, so you will not be responsible for paying anything at all if your lawsuit is not successful.

If you are ready to discuss your legal options with our landfill odor attorneys, contact our team today.