I Have Suffered from Lead Poisoning. Should I Sue?
Because lead poisoning can have such long-term devastating effects, you may be determining whether or not you should file a lawsuit for yourself or your child(ren). There are several factors that can determine your decision:
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What was the source of the lead poisoning?
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How extensive was the damage due to the lead poisoning?
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Could the lead poisoning have been prevented?
Let’s examine each factor:
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What was the source of the lead poisoning?: An experienced lead expert needs to test your residence, work environment, daycare facility and school to determine the source of the lead poisoning.
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How extensive was the damage due to the lead poisoning?: Did the lead poisoning cause irreversible developmental and/ or behavioral damages? How much of the lead poisoning symptoms did you or your child(ren) exhibit? How extensive was the treatment for the damages? Was the lead poisoning caught early enough that simply removing the affected people out of the environment was sufficient or did chelation therapy need to be used?
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Could the lead poisoning have been prevented?: Was the lead poisoning due to chipped paint that could have been repaired with minor changes? The extent to which the exposure to lead paint could have been avoided can help determine the strength of your case should you decide to file a suit.
Hiring a Lawyer
After examining the three above and other factors, you decide to file a suit. Now you need to hire a lawyer. What is the next step? What kind of lawyer should you hire? How will you pay the lawyer? The following are some tips that can help you in this process:
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Get referrals: The best way to find a good lawyer is to get recommendations from someone who had a positive experience with the lawyer in a similar case. You can consult different professionals such as a pediatrician, social worker or a nurse at a lead poisoning clinic to receive a list of competent lawyers (make sure that the list has at least three names). Having a local lawyer would be preferable to one that is far away. However, it is better to have a non-local lawyer who you are comfortable with than a local one where you are not sure whether or not the lawyer will represent you well.
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Interview the prospective lawyers: Once you get that list, it is time to interview each person. Check with the local bar association to make sure that there are no complaints or disputes against the lawyer. Your attorney needs to be experienced about lead or at least know how to get the information about lead that he or she would need to represent you properly. Ask how many lead poisoning cases in which he or she has been involved. Discuss with the candidates how they would build your case. What professionals would they consult? What reports would they need to see? Answers to these questions will give you a good indication of the caliber of their work in regards to lead poisoning cases.
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