Under the rubric of a personal injury lawsuit, if convicted, a defendant will liable to pay damages to the plaintiff for an injury that he or she may have caused the plaintiff. These damages will usually come in the form of a cash amount that might correspond to physical pain, hospital bills and mental anguish. Among the many types of personal injuries lawsuits that occur, one that is relatively common is a personal injury lawsuit that revolves around the plaintiff receiving lead poisoning. Although this may seem like an unusual or uncommon case, attorneys still receive cases revolving around such poisoning. Throughout the course of this brief article, you'll learn how to pursue a personal injury lawsuit due to lead poisoning and learn what you need to know.
Landlords And Lead Poisoning
The vast majority of suits that are filed in personal injury lawsuits due to lead poisoning are filed by tenants against their landlords. This is due to the fact that lead poisoning is usually only prominent in individuals that have received prolonged exposure to lead (as such, there are also many occasions when an individual may seek to levy a personal injury case against their employer).
The Residential Lead-Based Paint Hazard Reduction Act, also referred to by Title X, lends some important benefits towards tenants wishing to pursue a case against their landlord due to lead poison or the potentiality of lead poisoning. In fact, in addition to the amount in damages of which a tenant can receive, a landlord also faces some hefty fines that will be levied against them by the court, of which they will have to pay to the federal government.
Although the presence of lead-based paints in older homes is not technically illegal (although the use of such paints is), all landowners must inform tenants moving into such residences of the presence of said paint, as well as provide the government sanctioned pamphlet "Protect Your Family From Lead In Your Home," which was prepared by the Environmental Protection Agency.
The federally ordained fine for not providing a tenant with this information might cost your landlord upwards of $50,000, and if he or she is found liable for your damages, he or she might have to pay upwards of 3 times that of which you were seeking.
If you have discovered lead in your home and were not informed by your landlord of the presence of lead, you should immediately call the National Lead Information Center. The EPA's website also provides an ample amount of information about how to detect the presence of lead in your rental unit. It is important that you also begin the process of consulting with a personal injury lawyer.
Consulting With An Attorney
If you have discovered lead in your home or place of work and are exhibiting signs of lead poisoning, you should not hesitate to call a lawyer.
You should seek out a personal injury attorney who has had extensive dealing with toxic torts, which are types of personal injury suits that are filed for exposure to dangerous chemicals.
Talk to your lawyer about health problems that you noticed occurring after exposure to the lead, and be sure to offer your attorney your medical bills and history as evidence.
Your injury lawyer will want to know more details, such as how long you lived in the area with lead, whether or not you were informed of the lead's existence, and any physical or mental problems any children exposed to lead have shown.
Seeking out a qualified personal injury attorney is one of the first things you should do after discovering you have lead poisoning. Do not let anyone take advantage of your good will, whether this be a landlord or unscrupulous attorney.
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