If You Were a Resident or Are a Property Owner Near the Lincoln Park Incinerator, You May Be Eligible for Benefits From This Class Action Settlement.
Update:The Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida issued the order of approval on December 9, 2020 and it became final on January 8, 2021. The Court has also extended the time for property class members to file a claim for payment until November 17, 2021.
You may be entitled to benefits under the settlement of a class action lawsuit if you own property or lived near the Lincoln Park Incinerator or were otherwise exposed to the area around the Lincoln Park complex where levels of arsenic, dioxin, and other environmental contaminants may be elevated. Under the settlement, the City of Fort Lauderdale will pay $18,000,000.00 (in total) to provide benefits to named plaintiffs in the Litigation and/or individuals who qualify as Class Members of any or all of the funds in the form of a Litigation Injury Fund, a Property Damage Class Fund, a Medical Monitoring Class Fund, and a Class Bodily Injury Fund.
To receive benefits, you must file a Claim Form either online via this website or by downloading a copy of the Claim Form and mailing it in to the Court-Appointed Neutral.
If you are filing a claim for Property Damage Payment, you must file a Claim Form by November 17, 2021.
If you are filing a claim to enroll in the Medical Monitoring Program, you must file a Claim Form by November 17, 2021.
Claim Forms submitted after their deadline will not be considered timely and may not be accepted, unless a good cause is shown for an extension.
Before completing your Claim Form, it is important that you completely read and understand the information regarding the Settlement and your rights. Please review the information posted here.
Class Members may file for one or both of the following types of funds.
Property Damage Class Fund
Includes current property owners of residential property located within the Lincoln Park Area of Impact. In order to qualify for property damage benefits, you must have owned residential property in the Area of Impact as of the Effective Date of this Settlement. A map of the Area of Impact is available here.
Documentation must be provided to support your claim. Please review the table below to understand the type of documentation required to successfully prove your claim(s).
|Claim Form filled out on behalf of the Class Member||Proof of Authorization verifying your authority to act, such as a power of attorney or a court order stating your authority to act, or if no such documents are available, documents establishing your legal relationship to the Class Member.|
|Class Member is deceased||A Death Certificate or other proof showing that the Class Member is deceased.|
|Filling out a claim for the Property Damage Class Fund||
Documentation establishing the Class Member's status as a property owner, such as a utility bill, property tax bill, mortgage payment, homeowner’s insurance bill, or deed.
|Filling out a claim for the Medical Monitoring Class Fund and were a resident of the Durrs Neighborhood||
Documentation proving residency in the Durrs Neighborhood, such as a state-issued identification, utility bills, or any other types of bills, bank statements, or mail addressed to the Class Member's name and property.
A declaration from the Class Member and a third party (such as a family member, neighbor, or friend), signed under penalty of perjury, that the Class Member resided in the Durrs Neighborhood for a minimum of 10 years.
|Filling out a claim for the Medical Monitoring Class Fund and attended Lincoln Park Elementary School||Documentation proving attendance of Lincoln Park Elementary School, such as a school certificate, photo from yearbook, or a declaration from the Class Member and a third party (such as a family member, neighbor, or friend), signed under penalty of perjury, that the Class Member attended Lincoln Park Elementary between 1960 and 2003.|
|Filling out a claim for the Medical Monitoring Class Fund and you played/spent time in Lincoln Park||A declaration from the Class Member and a third party (such as a family member, neighbor, or friend), signed under penalty of perjury, that the Class Member played/spent time in Lincoln Park (while also residing in the Durrs Neighborhood for the 10-year exposure period and/or attending Lincoln Park Elementary School) up until the time it was closed for remediation in 2002.|
Documentation needs to be clear, readable copies, as nothing will be returned to you. Acceptable files for online filing must be one of the following formats and no larger than 20MB per file: jpg, jpeg, png, gif, tif, tiff, doc, docx, xls, xlsx, pdf, txt, rtf, or zip.