Can You File a Roundup Lawsuit If You’re Undocumented? How It Works and What to Expect
If you or a family member developed Non-Hodgkin’s Lymphoma (NHL) after using Roundup, you may be wondering about your legal rights—especially if you are an undocumented resident. It is a common and understandable fear that pursuing a legal claim could create immigration problems.
Let us be clear: you have rights. The U.S. civil justice system is designed to provide a remedy for anyone who has been harmed by a dangerous product, regardless of their immigration status. At Walch Law, our consultations are always free and completely confidential. This guide explains how these cases work and what you can expect. We have helped many undocumented farmworkers and know how to win this type of case for you special situation and it is worth a lot of money– do not hesitate to call us today.
Eligibility Is About Harm, Not Status
To have a potential Roundup case, you need to meet the same basic criteria as any other claimant. The focus is on what happened to you, not where you are from.
- Significant Exposure: You must have a history of using Roundup, either at home for residential yard work or, more commonly, in an occupational setting like landscaping, agriculture, or groundskeeping.
- A Qualifying Diagnosis: You or your loved one must have been diagnosed with a cancer linked to glyphosate, most often Non-Hodgkin’s Lymphoma (NHL) or one of its many subtypes, like Chronic Lymphocytic Leukemia (CLL).
- Wrongful Death: If you lost a close family member to a Roundup-related cancer, you may be able to file a wrongful death claim to recover for your family’s losses.
You do not need to have every piece of paper or a Social Security Number to speak with an attorney. The first step is simply having a confidential conversation about your story.
Your Immigration Status and Your Case
One of the biggest sources of anxiety is how your immigration status might affect a lawsuit. Here are the key points to understand:
- Citizenship Is Not Required: You do not need to be a U.S. citizen to file a civil lawsuit for personal injury. The courts are open to all persons who have been harmed.
- Confidentiality Is Key: Your conversations with our law firm are protected by attorney-client privilege. This means everything you tell us is confidential. We will not share your personal information or status with immigration authorities.
- Information Is Shared on a Need-to-Know Basis: During a lawsuit, some information is shared with the defendant’s lawyers and, in rare cases, the court. However, your immigration status is almost always irrelevant to the core issues of your case: your exposure to Roundup, your medical diagnosis, and the damages you have suffered.
- How We Protect You: Defense lawyers may try to ask about immigration status to intimidate you or argue it affects your claim for future lost wages. Experienced attorneys know how to fight these tactics, limit irrelevant questions, and keep the focus on what truly matters: holding the manufacturer accountable for the harm its product caused.
Building Your Case When You Worry About Records
Many undocumented workers (such as California farmworkers) are paid in cash and may not have formal employment records or purchase receipts. This is a common situation, and it does not prevent you from building a strong case. We use alternative methods to prove exposure and damages.
Proving Roundup Use (Occupational or Residential):
- Witness Statements: A statement from a boss, coworker, or neighbor who saw you using Roundup is powerful evidence.
- Personal Records: Photos or videos of you working or doing yard work, text messages, or notes in a calendar can help establish a timeline.
- Product Evidence: Keep any old Roundup containers, labels, or sprayers. Take photos of where you stored the product.
- Purchase History: Even without receipts, we can sometimes use bank or credit card statements showing purchases from hardware or garden supply stores, or records from loyalty programs.
Proving Your Damages:
- Medical Records: We will retrieve your medical files to prove your diagnosis, treatments, and costs.
- Lost Wage Proof: Even if you were paid in cash, we can document your lost income through witness affidavits (from employers or coworkers), bank deposit records, or your own detailed records of work performed.
- “Before and After” Evidence: We document how your life has changed. Testimony from you and your family about activities you can no longer do is a critical part of showing your pain and suffering.
Damages You May Be Able to Seek
A successful claim can provide compensation for the full range of losses you and your family have endured. While there are no guarantees, potential damages include:
- All past and future medical bills.
- Lost wages and reduced future earning capacity.
- Out-of-pocket costs for travel, medications, and other expenses.
- Pain, suffering, and emotional distress.
- For wrongful death cases, this includes loss of financial support, loss of household services, and loss of your loved one’s companionship and guidance.
The Process and Typical Timeline
While every case is different, the legal process generally follows these steps:
- Free, Confidential Consultation: We listen to your story and evaluate your claim.
- Investigation: We gather your medical records and work with you to build your exposure evidence file.
- Expert Review: Our medical and scientific experts review your case to confirm the link between Roundup and your cancer.
- Negotiation: We typically present a demand to the manufacturer and negotiate a fair settlement. The vast majority of cases are resolved without going to trial.
- Filing a Lawsuit: If a fair settlement cannot be reached, we file a lawsuit to continue fighting for you.
- Resolution: Once a settlement is reached, we handle the final paperwork and work to reduce any medical liens to maximize the amount of money you receive.
This process can take anywhere from several months to a few years, depending on the complexity of your case and the status of the nationwide litigation.
Practical Do’s and Don’ts
- DO keep any old Roundup containers or labels.
- DO keep a journal of your symptoms and how your illness affects you daily.
- DO feel free to bring a trusted family member or friend to your legal consultation to help interpret or provide support.
- DON’T post anything about your health or your case on social media.
- DON’T speak to any insurance adjusters or representatives from the manufacturer without your lawyer.
- DON’T delay. Strict time limits apply, so it is vital to contact an attorney as soon as possible.
How Walch Law Helps Undocumented Farmworkers Win Roundup Lawsuits
Our family has been helping injured Californians for over 45 years. We approach every case with compassion and a commitment to protecting our clients. We have bilingual staff available and a proven playbook for building powerful cases for undocumented workers and their families. We handle all the details of your case on a contingency fee basis—meaning you pay nothing unless we win a recovery for you.
You deserve justice. Your immigration status should not be a barrier. Contact Walch Law today for a free, completely confidential consultation to learn how we can help.