Americans can get one-time payment from $94.5 million plant fire settlement – three criteria you need to apply
HOMEOWNERS and tenants could be eligible for a chunk of a multi-million dollar lawsuit following a fire at a chemical facility.
At 7 am on June 14, 2021, an explosion at Lubrizol’s Chemtool plant in Rockton, Illinois sparked a fire that lasted for nine days.
ABC7 NEWSHomeowners and renters living within three miles of the Chemtool plant fire in Rockton Illinois in June 2021 could be eligible for a payout[/caption]
GettyA class-action lawsuit against the facility has alleged that the fire and subsequent debris saw those living nearby suffer damages as a result[/caption]
The accidental fire that is estimated to have exposed nearby residents to 15,394,986 pounds of chemicals, caused the evacuation of nearby properties and resulted in a sizeable and costly clean-up.
Now, a $94.5 million class action settlement has been reached which is set to benefit those who were impacted by the fire.
In reaching a settlement, Chemtool has not admitted any wrongdoing but is resolving allegations made against it and ending ongoing litigation.
Plaintiffs in the class action lawsuit alleged that the plant fire and the “plume of smoke, dust, and debris” caused damage to nearby properties as well as harm to residents and homeowners.
They further claimed that there was a loss of property value, financial damages due to cleanup costs and other damages, as well as “loss of the reasonable use and 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 agreement subject to final court approval, class members can claim for a cash payment.
Only those who owned or lived in properties within a three-mile radius of the plant at the time of the fire are eligible to make a claim.
The majority if not all of those thought to be eligible to make a claim will have received a settlement notice.
If you believe you are eligible but have not received a notice, contact the settlement administrator on the settlement website.
It is not yet known how much money each claimant can expect to receive from the multi-million dollar fund.
“Each Class Member who submits an Approved Claim shall 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 have to show proof that they owned property in the area at the time or were tenants in the area.
Accepted evidence includes utility bills, phone bills, ID cards, house deeds, mortgage statements, or any other proof of residence.
There are a couple of key dates class members must be aware of regarding their claims.
However, one of these dates has already passed and that is the deadline for exclusion from the payouts which was May 15, 2023.
What's a class-action settlement?
Class action lawsuits offer groups of people, or 'classes,' a way to band together in court.
These suits are often brought by one or a few people who allege a company or other entity has wronged a large group of people.
When a suit becomes a class action, it extends to all “class members,” or people who may have similar complaints to those who filed the suit.
Companies often settle class actions – offering payment to class members who typically waive their right to pursue further legal action by accepting money.
These payout agreements frequently include statements by the defendant denying wrongdoing. Companies tend to settle class actions to avoid the costs of further litigation.
Pollution, discrimination, or false advertising are a few examples of what can land a class action on a company’s doorstep.
This impacts your legal rights as a claimant and if you receive a payout.
Those who excluded themselves from the settlement retain their legal right to bring forth future legal action against Chemtool for the same issues raised in the lawsuit but foregoing a settlement payout.
Meanwhile, those who are eligible but did not opt-out and who miss the claim form deadline will waive their legal rights and will also miss out on the payout.
All valid claim forms must be submitted here by September 12, 2024.
Those who wish to object to the terms of the preliminary settlement must do so by August 13, 2024.
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