HOMEOWNERS and renters may be eligible for a share of a multimillion-dollar lawsuit following a chemical plant fire.
At 7 a.m. on June 14, 2021, an explosion at Lubrizol’s Chemtool plant in Rockton, Illinois sparked a fire that lasted nine days.
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The accidental fire, which is estimated to have exposed nearby residents to 15,394,986 pounds of chemicals, caused the evacuation of nearby properties and resulted in considerable and expensive cleanup.
Now, a $94.5 million class action settlement has been reached, which is expected to benefit those who were affected by the fire.
In reaching a settlement, Chemtool has not admitted any wrongdoing, but is resolving the allegations made against it and ending ongoing litigation.
Plaintiffs in the class action alleged that the fire at the plant and the “cloud of smoke, dust and debris” caused damage to nearby properties as well as harm to residents and property owners.
They further alleged that there was loss of property value, financial damages due to cleaning costs and other damages, as well as “loss of use and reasonable enjoyment of the property”.
As a result, the lawsuit sought compensation for these losses as well as punitive damages.
Under the terms of the preliminary settlement subject to final court approval, class members may seek a cash payment.
Only those who owned or lived on property within a three-mile radius of the plant at the time of the fire can make a claim.
Most, if not all, of those considered eligible to make a claim will have received a settlement notice.
If you believe you are eligible but have not received a notice, please contact your settlement administrator at settlement website.
It is not yet known how much money each applicant can expect to receive from the multi-million dollar fund.
“Each Class Member who submits an Approved Claim will be eligible to receive a Settlement Payment, as calculated and otherwise determined by the Settlement Administrator,” the agreement States.
However, to make a claim, eligible members will need to provide proof that they owned property in the area at the time or were tenants in the area.
Accepted evidence includes utility bills, telephone bills, identification cards, house deeds, mortgage statements or any other proof of residency.
There are some important dates that class members should be aware of regarding their claims.
However, one of these dates has already passed and it is the deadline for excluding payments which was May 15, 2023.
What is a class action settlement?
Class action lawsuits offer groups of people, or “classes,” a way to come together in court.
These lawsuits are often filed by one or a few people who allege that a company or other entity has harmed a large group of people.
When a lawsuit becomes a class action, it extends to all “class members,” or people who may have similar claims to those who filed the lawsuit.
Companies often settle class actions – offering payment to class members who typically waive their right to pursue legal action by accepting money.
These payment agreements often include statements from the defendant denying wrongdoing. Companies tend to settle class actions to avoid the costs of further litigation.
Pollution, discrimination or false advertising are some examples of what can lead to a class action lawsuit at a company’s door.
This affects your legal rights as a complainant and if you receive a payment.
Those who excluded themselves from the settlement retain their legal right to take future legal action against Chemtool for the same issues raised in the lawsuit, but renouncing payment of the settlement.
However, those who are eligible but have not opted out and who missed the claim form deadline will waive their legal rights and also forfeit payment.
All valid claim forms must be submitted here until September 12, 2024.
Those who wish to object to the terms of the preliminary agreement must do so by August 13, 2024.
This story originally appeared on The-sun.com read the full story
