How Long Does It Take to Settle a Lead Poisoning Case?

Posted on behalf of Peter T. Nicholl in Lead Paint Poisoning Published on March 17, 2020 and updated on March 6, 2022.

old lead paintLead exposure often happens due to exterior and interior paint in older homes, but can come from different areas as well, leading to long-term health effects.

Pursuing a claim can take some time. Below, our Maryland lead paint poisoning attorneys explain what to expect.

If you or your loved one have suffered from lead poisoning, contact us for a free, no-obligation consultation and learn what legal options may be available to pursue compensation of your injuries.

Negotiating a Settlement or Going to Trial

With a lead poisoning claim, there is the option to negotiate a settlement or take your case to trial. Often, the settlement route is preferred, as lead poisoning claims are sometimes quite difficult to prove at trial.

One obstacle faced at trial is proving a landlord or property owner knew of the lead issue and failed to notify a tenant or lessee of the dangerous condition on the property. This element must be proven to hold the landlord or property owner liable for damages.

Taking a case to trial typically takes longer than negotiating a settlement. Many different factors affect how long one can expect the process to take, such as the length of the discovery process. Litigation sometimes takes years.

If a property owner is more willing to settle out of court, this can be a faster option for victims to receive compensation.

Potential Compensation for Lead Poisoning

Through a lead poisoning claim, victims may pursue different types of damages, which include:

  • Medical costs – As lead poisoning can cause serious medical complications, extensive treatment or hospitalization may be required, as well as future medical care.
  • Lost wages If the victim had to take time off work due to symptoms caused by lead exposure or caring for a child suffering from lead poisoning, he or she may be able to recover the wages lost due to this incident.
  • Pain and suffering – The victim may have experienced physical and mental pain and suffering as well as emotional distress as a result of lead poisoning, which may be compensated.
  • Punitive damages – These damages may be awarded if the lead poisoning resulted from a property owner or landlord’s intentional or willful neglect, serving as a punishment to deter future behavior.

Pursing a Lead Poisoning Case

Winning a lead poisoning case can be a challenge. Defense attorneys often try to claim symptoms are the result of environmental factors and not lead poisoning. To be successful, you must be able to refute this claim and others with strong evidence, such as medical tests and site testing to prove the presence of lead.

Ways Hiring a Lawyer Can Be Beneficial

Hiring an attorney with experience pursuing lead poisoning cases can be to your advantage. He or she knows what strategies are likely to be used by the defense and how to counter them. Lawyers obtain and gather evidence needed to prove the effects of lead exposure and its presence in homes and other locations.

A lawyer can help in negotiation as well as taking a case to trial. If a settlement cannot be reached through mediation, an attorney helps victims pursue the case through the court system and fights for compensation at trial.

Call Us for a Free Consultation

If you are suffering from lead poisoning, you may be able to pursue a claim for compensation of your medical bills, lost wages, and pain and suffering. The Law Offices of Peter T. Nicholl has helped many injury victims and their families over the years fight for maximum compensation.

Request a free, no-obligation consultation today to speak with our legal team regarding your claim. There is no obligation to hire us, but if you choose our firm to represent you, there are no upfront fees. Payment is only due if we successfully recover compensation on your behalf.

Call 410-244-7005 for more information about your rights.