How to File a Lead Poisoning Lawsuit
Recent recalls of popular toys manufactured overseas, remind us that lead is still a looming threat to our children's safety. Unfortunately, lead poisoning, which causes symptoms ranging from hyperactivity to coma and death, affects millions of American children. If you or your child have symptoms caused by lead poisoning, you may be able to file a lawsuit and receive compensation for your pain and suffering.
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Instructions
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Make sure you have grounds to file a lead poisoning lawsuit. If you or your child have exhibited symptoms that resulted from exposure to lead, such as brain swelling, ADHD or decreased school performance, contact an attorney to determine whether or not you have a case.
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Use a lawyer referral service to find an attorney with experience handling lead poisoning cases. For best results, hire a lawyer who has won cases for victims of lead poisoning. Most attorneys provide free consultations, an opportunity for prospective clients to ask questions about case history.
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Understand the statute of limitations for filing a lead poisoning lawsuit. Lead poisoning statutes of limitations vary by jurisdiction, and generally vary from five to twenty years. If a child sustains injuries due to lead poisoning, he can usually file a lawsuit within the legally allotted time, even after reaching adulthood.
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Keep meticulous records of medical treatments, school counseling and teacher reports and other information that relates to the diagnosis and observation of symptoms related to your lead poisoning case. You are more likely to have a positive outcome if you can provide your attorney with a detailed case history.
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Know what to expect. Lead poisoning victims whose lawsuits have favorable outcomes generally collect a financial settlement. How much compensation an individual receives depends on many factors, including how much physical, emotional and monetary damage the lead poisoning caused.
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Be patient. It can take a year or more for a lead poisoning lawsuit to come to a close. Court backlogs can slow down the legal process, as can a case's level of complexity. Many cases do not go to trial, so another important factor how quickly the defendant's attorneys and yours can reach a settlement agreement.
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Tips & Warnings
If you do not have good records, your attorney can gather the information she needs to represent you effectively.
The American Bar Association (ABA), provides a free state-by-state lawyer referral service on its website.
