Why it Can Be Difficult to Prove a Lead Paint Poisoning Case

Posted on behalf of Peter T. Nicholl in Lead Paint Poisoning Published on June 15, 2021 and updated on March 15, 2022.

chipping paint on a wallPersonal injury cases are often complicated, due to many factors (severity of injuries, disputes over liability, involvement of multiple parties, etc.). However, some types of personal injury cases are more complicated than others.

For example, it can be very difficult to validate a lead paint poisoning case. This is because victims are often exposed to lead paint over several years before they pursue a case. It can be difficult to identify when and where the victim was exposed.

That is why it is vital to find a licensed attorney with experience in these types of cases to represent your claim. Liable parties often deny liability and financial accountability for the victim’s medical expenses and other damages.

The Maryland lead paint poisoning lawyers at The Law Offices of Peter T. Nicholl have secured millions on behalf of lead paint poisoning victims. This includes a $3 million jury verdict on behalf of a woman who was exposed to lead as a child.

Identifying the Source of Lead Paint Poisoning

Lead paint was banned for residential use in 1978, which means lead paint poisoning victims were probably exposed in an old home or other building. According to statistics gathered by the Centers for Disease Control and Prevention, there are about 24 million housing units have lead-based paint and/or lead-contaminated dust.

However, it can be difficult to identify the building where the victim was exposed and where the lead paint was. Victims may have been exposed through lead dust, and it can be difficult to identify the source of the dust.

If the victim or his or her family moved, the new occupants may have made renovations that covered up the lead paint. They may not have taken the proper steps to deal with or even identify lead paint. That may make it difficult to find the source of the lead paint.

Attorneys often need to do extensive and time-consuming investigations to find the evidence they need to build a strong case. They may need to consult doctors, neuropsychologists, lead testers and certified industrial hygienists.

They also need to review the victim’s medical records to eliminate other potential causes of the victim’s symptoms. If there is evidence the victim developed symptoms before exposure to lead paint, it may be difficult to win the case.

If you were renting the property where you were exposed to lead, our lawyers may need to ask you about what the property owner disclosed to you before you moved in. Landlords are required by law to provide the following to those renting out property built before 1978:

  • Protect Your Family from Lead in Your Home pamphlet created by the Environmental Protection Agency (EPA)
  • Information about lead paint in the home if the landlord has any
  • Lead Warning Statement, which is required to be included in the lease

Lead paint poisoning cases often go to trial because they are difficult to prove. The liable parties and their attorneys may like their chances in front of a jury. That is why you need experienced legal representation. You need an attorney who has taken on these cases before and been successful.

Car accident cases and other types of personal injury cases are much different from lead paint poisoning cases. Attorneys who do not have a proven track record with these cases may be unprepared for the arguments used by the defense and other challenges of these types of cases.

For example, the defense may claim the victim or his or her family members are unemployed or addicted to drugs and this contributed to the victim’s problems. They may claim the victim is from a dysfunctional family and link this to behavioral issues that are commonly associated with lead poisoning.

Call to Set Up Your Free Consultation

While compensation cannot change what happened, it can be a vital resource as victims and their families look to move forward. Compensation often helps victims better manage their injuries and helps to secure their financial future, particularly if they are unable to work, or can only work in a limited capacity.

At The Law Offices of Peter T. Nicholl, we have a proven track record of assisting those injured by another’s negligence. We have recovered millions on behalf of our clients and there are no upfront fees for our services.

We are ready to help you seek compensation. Call 410-907-3957.