What to Do If You Have Questions About Firefighting Foam
Many people who call about AFFF are already in treatment for a serious illness. A spouse, an adult child or a friend can gather most of what's below.
- Follow your doctors' plan. Keep every appointment, scan and follow-up. Tell your doctors about your work with foam or where your water came from.
- Write down your history with foam. List where you worked or trained, the years, and what kind of fires or drills involved foam.
- Pull your work records. Fire department, airport or employer records can show your job and your training.
- Find your service records. If you served in the military, your discharge papers and service records show where and when you served.
- List where you lived. Note each address, the years you lived there and which water utility served it.
- Keep every letter about your water. Save notices from a utility about PFAS testing, along with old water bills.
Illnesses Involved in AFFF Lawsuits
AFFF litigation has involved allegations concerning certain cancers, including kidney and testicular cancer, following exposure to PFAS chemicals in firefighting foam.4 Whether a particular diagnosis supports a claim depends on the chemicals involved, the person's exposure history, the medical evidence and the applicable legal requirements. Not every illness or exposure results in a viable claim.5
Your Filing Deadline Still Applies
Each person's claim has its own filing deadline. An ongoing MDL or national news coverage does not automatically stop the clock.1
South Carolina generally provides a three-year limitations period for personal injury lawsuits, but AFFF claims can be governed by another state's law, federal law or other special rules, depending on the product, exposure, location and circumstances.2 That is a deadline to file a lawsuit in court, and opening an insurance claim does not stop it.6
Under South Carolina's discovery rule, the three-year period generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury. The person does not necessarily have to know exactly who caused it or understand every legal claim. Determining when that period begins can be especially complicated in cases involving illnesses diagnosed years after exposure.3
Claims against government entities can involve different rules and shorter deadlines.7 Under the South Carolina Tort Claims Act, the filing period is generally two years, although certain qualifying claims may have a three-year period.8 Federal government claims have separate procedures and deadlines.9 That can matter for exposure involving municipal fire departments, military installations and other government facilities, and who the defendant is and which law applies have to be sorted out before anyone can say which deadline fits.2
Ask a lawyer about your timing as early as you can. For more on these cases in general, see our page on mass tort cases in South Carolina.
Want someone to look at your situation?
Talk with our team about what happened and ask the questions on your mind.
Records Worth Keeping
You don't need all of these before you call. Bring what you have, and a family member can help find the rest.
- Medical records, including the date of each diagnosis
- Names of your doctors and the places you were treated
- Fire department, airport or other employment records
- Training records and certificates that mention foam
- Military service and discharge records
- A list of where you lived, with years and water utilities
- Letters or notices from a water utility about PFAS
If your questions are about contaminated water at home, see our page on toxic exposure claims in South Carolina.
Talk With Us
We start by listening: your work, your service, where you lived, and what your doctors have told you. We'll be straight with you about what we see.
If you were exposed to firefighting foam while working as a firefighter, serving in the military, or living near a contaminated water source, contact us to discuss your circumstances.
South Carolina Law on This
- Every mass tort claim has its own filing deadline. Joining a mass tort investigation, contacting a law firm, or learning that a federal multidistrict litigation (MDL) or other national litigation is underway does not automatically stop the limitations clock. The applicable deadline depends on the claim and the circumstances.1
- South Carolina generally provides a three-year limitations period for personal injury lawsuits, but in mass tort and similar cases other states' laws or special federal rules may apply depending on the product, exposure, location and circumstances. A case being transferred to a federal multidistrict litigation (MDL) does not automatically make the law of the MDL court's state apply.2
- Under South Carolina's discovery rule, the three-year period for most personal injury lawsuits generally begins when a person knew, or through reasonable diligence should have known, that they had a potentially actionable injury. The person does not necessarily have to know the full extent of the injury, exactly who caused it, or every legal claim. A later diagnosis or discovery of additional information does not automatically restart the deadline, and different accrual rules may apply to claims governed by other laws. Determining when the period begins can be especially complicated for illnesses diagnosed years after exposure.3
- In the federal AFFF multidistrict litigation (MDL No. 2873), the court established an initial personal injury bellwether discovery pool involving plaintiffs who alleged kidney cancer, testicular cancer, hypothyroidism or other thyroid disease, and ulcerative colitis. The court has also addressed challenges to expert testimony concerning claims involving thyroid cancer and liver cancer. These are conditions alleged in the litigation; their inclusion does not establish that AFFF exposure caused them or that individuals diagnosed with these conditions are eligible for compensation.4
- Exposure to a potentially harmful substance does not automatically establish a personal injury claim. The type and extent of exposure, the medical diagnosis, the available scientific evidence and the applicable law all matter, and a confirmed diagnosis and supporting medical records may be needed to evaluate an injury claim. Some cases may involve claims for property damage or other losses even without a diagnosed physical injury.5
- South Carolina's statute of limitations generally sets the deadline for filing a lawsuit in court. Simply opening a claim with an insurance company or negotiating with an insurance adjuster does not stop the statute of limitations from running.6
- Claims against a South Carolina state or local government agency have their own filing deadline, which can be shorter, and there could be caps on damages under the South Carolina Tort Claims Act, depending on the facts of the case.7
- Lawsuits under the South Carolina Tort Claims Act generally must be filed within two years after the loss was or should have been discovered. A three-year deadline may apply if a qualifying verified claim was first filed under the Act.8
- Injury claims against the federal government, such as care at a VA hospital, military clinic or some federally funded health centers, or a crash with an on-duty federal employee, generally must first be filed in writing with the agency within two years, before any lawsuit. If the agency denies the claim, a lawsuit generally must be filed within six months after the agency mails its written denial.9
- Under South Carolina law, wrongful death lawsuits generally must be filed within three years of the person's death. However, different rules may apply when a death involves medical malpractice, a government agency, or other circumstances governed by special laws. A related survival claim may also have a different filing deadline.10
- Under South Carolina law, wrongful death lawsuits generally must be filed within three years of death and are ordinarily brought by the estate's personal representative on behalf of eligible family members. Different deadlines and procedures may apply when another state's law governs or depending on the defendant.11
- In South Carolina, a wrongful death lawsuit is brought by the personal representative of the deceased person's estate on behalf of family members designated by law. The beneficiaries are the surviving spouse and children, or, if there are none, the deceased person's parents. If none of those relatives survive, other legal heirs may benefit from the claim.12
Frequently Asked Questions
Is my illness connected to foam?
A website cannot tell you that. It depends on your history, your diagnosis and your records. Talking through the details with a lawyer is the only way to learn whether you may have a claim.
My spouse was a firefighter and died after an illness. Can our family bring a claim?
It depends on the facts, and it helps to ask a lawyer soon. In South Carolina, wrongful death lawsuits generally must be filed within three years of the death, though different rules can apply in some situations.10 Particular defendants or the law that governs the claim may change that.11 In South Carolina, a wrongful death action is generally brought by the deceased person's estate representative on behalf of eligible family members.12 Keep the death certificate, medical records and any work or service records you can find.
Do I need my diagnosis confirmed before I call?
No. You can contact us while your doctors are still evaluating your condition. However, a confirmed diagnosis and supporting medical records may be necessary to determine whether you have a viable injury claim.5 Keep every appointment and ask for copies of your records as you go.
Sources
- S.C. Code §§ 15-3-530 and 15-3-535; 28 U.S.C. § 1407(a)
- S.C. Code § 15-3-530(5); 28 U.S.C. § 1407
- S.C. Code § 15-3-535
- CMO 26 (May 5, 2023); CMO 33F (Aug. 31, 2026)
- Sean Hall's Nov 5 review (product liability and toxic tort causation principles)
- S.C. Code §§ 15-3-20 and 15-3-530
- S.C. Code §§ 15-78-110 and 15-78-120
- S.C. Code §§ 15-78-80 and 15-78-110
- 28 U.S.C. §§ 2401(b) and 2675(a); 42 U.S.C. § 233(g)
- S.C. Code §§ 15-3-530(6) and 15-3-545
- S.C. Code §§ 15-3-530(6), 15-51-10 and 15-51-20
- S.C. Code §§ 15-51-10 and 15-51-20
This page is general information about South Carolina law, not legal advice for your situation. Every case depends on its own facts.
