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

Elevated levels of lead have been a problem for many years, and in spite of lawsuits all over the world, families continue to face the devastation of lead exposure. Lead poisoning is a slow process that can take months or years and results in health complications such as high blood pressure, seizures, loss of appetite, and hearing loss. Children 6 and under are the most vulnerable to the effects of lead, which can compromise their physical and mental development.

If you or a loved one has been diagnosed with lead poisoning, state and federal laws allow you to file a lawsuit and recover compensation for your injuries. But lead poisoning cases are complicated, so you must speak to an attorney right away regarding your rights and legal options. Of all the questions on your mind, one of them is most certainly:

Average Time to Settle a Lead Poisoning Lawsuit

We understand why this is a pressing question on so many victim’s minds. Lead cases still make the news, and there are plenty of incidents that are revisited year after year. The lawsuit in California against Sherwin-Williams and ConAgra Brands, for example, took 19 years before it was resolved. This case involved many plaintiffs, who were awarded a settlement of $305 million by the courts.

The timeline of this case induces anxiety for many families, but we want to assure you that most lead compensation claims do not take this long. This case involved thousands of homes, a lengthy trial, and an appeal, which resulted in the original judgment of $1.15 billion being lowered to $305 million. Each of these stages took several years, hence the almost two decades of litigation before victims were finally compensated.

As for your own case, the timeline from injury claim to settlement will depend on many factors. First and foremost are the types of injuries and the effect they will have on you or your child’s life. In the case of children, these damages include:

• Brain damage
• Damage to the nervous system
• Slow physical and mental development
• Hearing loss
• Speech problems

Landlords and other responsible parties generally fight hard against these claims, and will try everything they can to deny liability. Or, they will make you a low settlement offer and hope that you’re desperate enough to take it. This normally occurs in the first few months of a lead poisoning claim, where both sides will try to negotiate a fair settlement award. But private negotiations can be difficult in lead exposure cases due to the high case values. From personal experience, we can tell you that many cases proceed to a lawsuit, and even to trial in order for the client to be fairly compensated.

Once you file a lawsuit, your lawyer and the other side’s attorney may spend 6 months to a year, maybe more, in the “discovery” phase, which involves the following procedures:

• Questioning and recording witness statements (depositions).
• Investigating the scene of your injuries and gathering evidence.
• Hiring expert witnesses and deposing the other side’s experts.

Essentially, you and at-fault party are preparing for a trial at this point. How soon you can get a trial date depends on the court’s schedule, but it’s not unheard of to wait a year or more in order to get your case in front a judge and jury. With all this in mind, several years may go by before you recover damages in a lead injury lawsuit.

What Can I Receive from a Lead Poisoning Lawsuit?

Lead exposure results in many health issues that will impact a victim’s life long into the future. Regardless of the victim’s age or life stage, a lead poisoning lawsuit can include the following types of damages:

• Medical costs, including the cost of life long care for organ damage, brain damage, and other types of severe injuries.
• Lost wages for adult victims, who are often unable to work because of the debilitating effects of lead poisoning. Parents of child victims can also sue for lost wages if they need to give up their job in order to care for their child. This care may be needed into adulthood depending on the degree of physical and mental development issues.
• Pain and suffering for emotional trauma as you struggle to accept your condition and the changes in your life, or your child’s life.

You may also be able to ask for punitive damages, which comes up quite a lot in lead poisoning cases. Punitive damages are awarded by the court in cases of gross negligence, and there is no limit to the amount you can be awarded. Here’s an example of gross negligence in a lawsuit for lead poisoning injuries:

A landlord rents out a house to a family with young children, knowing that the paint on the exterior and interior walls contain high levels of lead. He has rented out the home to other families whose children got sick, but they moved away without filing a lawsuit. Thus, he continued to rent out the home without informing the new tenants of the lead problem. In addition to not resolving the lead paint issues, he deliberately concealed this information from renters, which the courts may view as gross negligence.

An experienced lead poisoning attorney will help you decide on the types of compensation you can ask for. They can also calculate an adequate amount for your current damages, as well as the losses you will sustain throughout your life. Contact our office and get started on a lead injury claim with one of our attorneys.

Wrongful Death Compensation for Loved Ones of Lead Injury Victims

Death is a possible outcome of very high levels of lead exposure. If you have lost a family member or loved one as a result of lead poisoning, please speak to one of our wrongful death compensation lawyers right away. The law allows you to sue for losses that are associated with your loved one’s passing, such as:

• Funeral expenses
• Medical expenses prior to the victim’s death
• Pain and suffering
• Loss of the decedent’s love and companionship (loss of consortium)
• Loss of expected income (if the decedent was working)
• Loss of benefits (retirement funds, health insurance, etc.)

You may not qualify for all these damages, depending on your relationship with the decedent. But there’s no doubt that someone’s unexpected passing leaves behind financial and emotional losses for their loved ones. These people are injury victims as well, and have the right to recover compensation from the liable entities.

Our Recent Verdicts and Settlements

What is the Average Case Value of a Lead Poisoning Lawsuit?

The damages you can suffer from as a result of lead exposure are substantial, and settlements in these cases are usually in the 6 to 7-figure range. Many factors affect the value of a lead injury lawsuit, including the number of injuries and their long-term effects, the level of negligence by the landlord or company, and the number of victims that were harmed by the same individual or company.

To illustrate these points, here are some examples of previous lead poisoning settlements:

• $1 million awarded to the family of a child who was exposed to lead paint in the family’s apartment.
• $760,000 settlement for a toddler who was exposed to lead paint from the radiator in his family’s apartment.
• $4.8 million to the family of a 12-year-old that was exposed to lead-based paint since she was two years old.
• $6 million on behalf of a child who sustained brain damage from years of lead paint exposure.
• $320 million for 16 victims who suffered from lead poisoning due to a company’s negligence.

You’ve no doubt picked up on the wide variation in settlement amounts. Each victim has their own unique set of circumstances, which is why there is no such thing an average case value that works for lead poisoning lawsuits in general. Our attorneys can help you figure out the value of your case and advise you on the process for claiming damages.

Can I Change Lawyers if I Already Filed a Lawsuit?

Yes, you can find yourself a new attorney even if you already filed a lawsuit. Of course, it’s a big decision and you should think long and hard before you change counsel in the middle of a case. We know how frustrating it is when things take so long between each step in your lawsuit. It’s even worse when your lawyer isn’t the best communicator and doesn’t get in touch with you for weeks at a time. This, in itself, isn’t the best reason to change attorneys, since lead poisoning cases can take years to settle. But if your lawyer deliberately ignores your calls, texts, and emails, that can be a red flag. And when they do return your calls, the answers are vague and evasive, making you suspect that they’re not as experienced in lead exposure cases as you thought.

It’s hard to know what to do in these situations, or what the consequences are if you transfer you case to another law firm. Before you decide on anything, please come in and see us for a free second opinion. These consultations are specially designed for people like yourself, who want to discuss the pros and cons of switching lawyers in the middle of a case. The consultation is completely free, and there is no obligation to transfer your case to us if it’s not in your best interest. All we want to do is help you make an informed decision regarding the direction and outcome of your case.

For a free case review with one of our attorneys, contact out office and schedule a free second opinion.

The Lead Poisoning Injury Lawyers of Normandie

Unfortunately, lead exposure cases are still a major problem in the U.S., especially in old homes and rental units. People can also be exposed to lead through the soil outside their homes or the water that comes out of their faucets. When lead exposure occurs as a result of someone else’s negligence, victims have the right to demand compensation for their losses. However, this process is exceptionally complicated and victims are usually unsuccessful in recovering damages without an experienced attorney.

Here at Normandie, we’ve seen the heartbreaking consequences of lead exposure, especially among babies and children. These individuals and their families should not have to pay the price for skilled and experienced legal representation. Under our Zero fee guarantee, you will never pay upfront for any of our services. All our payment is deferred until your case is settled. That way, you can focus on yourself and your family and how to move forward in this new chapter of your lives.

We can also help you if you’re thinking about switching lawyers. Our Zero fee guarantee includes second opinions and any of the work that’s needed to transfer your case to our firm. Our lawyers will fight to resolve your lawsuit and provide you the regular communication you deserve as a valued client.

To learn more about what Normandie can do for you, give us a call and speak to a lead poisoning lawsuit attorney.