Why You Shouldn’t Handle Your Roundup Injury Claim Alone

California: Why You Shouldn’t Handle Your Roundup Injury Claim Alone

If you or a loved one has been diagnosed with non-Hodgkin lymphoma (NHL) after using Roundup, you may be facing the fight of your life. Amidst grueling cancer treatments and mounting medical bills, the idea of seeking justice from Monsanto/Bayer, the multi-billion-dollar corporation behind the weedkiller, can feel overwhelming. You might see news about large settlements and wonder if you can simply file a claim yourself to get the compensation you deserve.

The reality is that Roundup litigation is one of the most complex, science-heavy, and hard-fought legal battles in the country. Attempting to navigate this process alone against a defendant with virtually unlimited resources is not just difficult—it is a near-impossible task that puts your right to fair compensation at extreme risk. At Walch Law, our family has fought for injured Californians for over 45 years. We want you to understand what you are up against and why having an experienced legal team on your side is not just an advantage, but a necessity.

8 Reasons You Should Never Handle a Roundup Claim Alone

Handling a personal injury claim might seem straightforward, but a toxic exposure case like this is a different beast entirely. Here are the critical reasons why a DIY approach is a recipe for disaster.

1. Proving Exposure and Causation is a Scientific Battle

It is not enough to say you used Roundup and later got sick. You must prove, with specific evidence, both your history of exposure and that the exposure was a substantial factor in causing your specific type of non-Hodgkin lymphoma. This requires:

• Detailed Exposure History: Reconstructing years, or even decades, of product use, including frequency, duration, application methods (e.g., backpack sprayer vs. handheld), and protective gear used (or not used).
• Product Identification: Gathering purchase records, lot numbers, and employer records to document your use of glyphosate-based products.
• Expert Testimony: Hiring a toxicologist and an oncologist to perform a “differential diagnosis,” a process where they systematically rule out other risk factors for NHL to conclude that glyphosate exposure was the most likely cause.

2. The Defendant Has Unlimited Resources and an Aggressive Strategy

Monsanto/Bayer has assembled some of the best and most aggressive defense law firms in the world. Their strategy is to fight every claim, every step of the way. An individual without legal representation will be buried under:

• Complex Motions: The defense will file dozens of motions to dismiss your case, exclude your evidence, and challenge your experts.
• Scorched-Earth Discovery: They will demand exhaustive information through interrogatories, requests for documents, and a lengthy, grueling deposition designed to trip you up.
• Expert Challenges: They will use “Daubert” or “Sargon” motions to try to disqualify your medical experts, arguing their opinions are not based on sound science.

3. The Medical and Scientific Evidence is Highly Complex

Winning a Roundup case requires a deep understanding of epidemiology, toxicology, and oncology. Your legal team must be fluent in the science to present a compelling case. This includes mastering:

• Epidemiological Studies: Citing and explaining the case-control studies and meta-analyses that link glyphosate to an increased risk of NHL.
• Toxicology: Explaining how glyphosate and its surfactants can cause cellular damage and lead to cancer.
• Dose-Response and Latency: Arguing how the amount of your exposure and the time between your first exposure and your diagnosis (latency period) fit the scientific model of causation.

4. You Cannot Accurately Value Your Claim or Negotiate a Fair Settlement

How much is your claim truly worth? The answer is far more complicated than just adding up your medical bills. An experienced attorney knows how to value a claim based on:

• Injury-Specific Factors: The subtype and stage of your NHL, the intensity of your treatment (e.g., chemotherapy vs. stem cell transplant), and your long-term prognosis.
• Economic Damages: Calculating not just past lost wages, but your diminished future earning capacity.
• Non-Economic Damages: Putting a value on your physical pain, emotional suffering, and loss of enjoyment of life.
• Loss of Consortium: Valuing the impact your illness has had on your relationship with your spouse.
• Settlement Matrices: Understanding the complex grids used in large-scale settlements to assign value based on numerous factors. Insurance adjusters and defense lawyers are trained to get you to accept a lowball offer, and without an advocate, you will leave significant money on the table.

5. You Will Fall into Procedural Traps and Miss Critical Deadlines

The legal system is a minefield of deadlines and procedural rules. One mistake can get your case thrown out permanently. Key traps include:

• Statute of Limitations: In California, you generally have two years to file a lawsuit from the date you knew or reasonably should have known that Roundup caused your NHL. Determining this “discovery date” is a complex legal question.
• Venue Choice: Deciding whether to file in state court or be part of the federal Multi-District Litigation (MDL) is a strategic choice with major implications.
• Evidence Preservation: Failing to send formal preservation letters early on can result in the loss of crucial evidence.

6. Managing Medical Liens is a Full-Time Job

If you win a settlement, your health insurance provider (including Medicare, Medi-Cal, or a private ERISA plan) has a legal right to be reimbursed for the bills it paid. This is called a lien. Without a lawyer, you will likely have to pay the full lien amount. An experienced attorney will audit the lien for improper charges and aggressively negotiate it down, which can dramatically increase the amount of money that actually goes into your pocket.

7. The Burden is Too Much to Bear While Fighting Cancer

The last thing you need while undergoing cancer treatment is the stress of managing a high-stakes legal battle. The administrative work alone is staggering: collecting thousands of pages of medical and employment records, preparing for a deposition, and responding to constant demands from the defense. A dedicated legal team handles this heavy lifting so you can focus on what matters most: your health and your family.

8. You Cannot Afford the Upfront Costs Alone

Litigating a Roundup case costs hundreds of thousands of dollars. The fees for world-class medical experts, depositions, and discovery are enormous. Winning Roundup injury law firms work on a contingency fee basis and advance all of these costs. This means you pay absolutely nothing upfront. At Walch Law, we take on all the financial risk.

What The Best Roundup Lawyer Does in the First 60 Days

1. Conducts a deep-dive intake to confirm your NHL diagnosis and build a detailed exposure timeline.
2. Immediately requests all of your medical records and pathology slides to confirm the specific NHL subtype.
3. Sends preservation letters to employers and other relevant parties.
4. Begins the product identification process by searching for purchase records and employment documentation.
5. Audits your insurance to identify all potential medical liens.
6. Develops a plan for the statute of limitations and the best venue to file your lawsuit.
7. Builds an early damages model to estimate your economic losses.
8. Reaches out to your treating oncologist (with your permission) to discuss your case.

Frequently Asked Questions (FAQ)

1. Do I need a confirmed Non-Hodgkin Lymphoma diagnosis to have a case?
Yes. A definitive diagnosis of NHL from a pathologist is required. Other cancers are not currently part of the Roundup litigation.

2. What if I used Roundup many years ago?
You may still have a claim. The statute of limitations clock typically starts when you are diagnosed and discover the link to Roundup, not when you used the product.

3. Can undocumented farmworkers or landscapers file a claim?
Yes. Your immigration status has no bearing on your right to file a personal injury claim in California.

4. Will joining a mass settlement program mean I get less money?
Not necessarily. These programs are often structured in tiers, providing higher payouts for more severe injuries. They offer a more certain path to recovery than the risk of an individual trial. An experienced lawyer ensures you are placed in the correct tier to maximize your value.

5. How long do these cases take?
Roundup cases do take time. Due to their complexity, they can take several years to resolve.

6. What if I can’t find my purchase receipts for Roundup?
This is very common. An experienced firm can help reconstruct your use history through other means, such as witness testimony from neighbors or co-workers, landscape plans, or employer records.

You Focus on Your Health. We’ll Handle the Fight.

Taking on a corporate giant like Monsanto/Bayer is an intimidating prospect, especially when you are battling a serious illness. You do not have to do it alone. The dedicated product liability team at Walch Law has the experience, resources, and unwavering commitment to fight for the full and fair compensation you and your family deserve. We handle every detail, from the complex science to the aggressive legal tactics, so you can focus on your recovery.

Contact us today for a free, confidential consultation to discuss your Roundup claim. We work on a contingency fee basis, so you pay nothing unless we win your case.