Even though lead paint was removed from the market over 50 years ago, it is estimated that over 50% of children living in U.S. cities are exposed to lead. Lead paint is quite dangerous. Exposure can cause a brain injury, convulsions, and lead to a coma. Lead poisoning can even lead to hearing loss. The Centers of Disease Control has named lead in paint to be the most prevalent source of lead exposure for children. Children often swallow chips of peeling paint, or inhale dust containing lead. While Congress banned lead paint in 1978, the ban only applied to newly manufactured paint. It does not address the lead paint that remains on houses and walls to this day. If you are in need of a personal injury lawyer you or a loved one has experienced a lead paint injury due to the negligence of another person, it is important that you immediately contact an experienced Nassau County personal injury lawyer who will explain to you your options for pursuing compensation for the injuries you suffered.
The danger of lead paintSadly, young children under the age of 6 are most susceptible to leading poisoning. Because their bodies are still developing, when kids are exposed to lead they may suffer organ damage. In addition, children exposed to lead often experience developmental difficulties. Symptoms of lead paint poisoning are not always immediately noticeable—particularly when the victim is exposed to low levels of lead over a period of time. However, high level lead poisoning causes much more remarkable symptoms such as a loss of hearing and seizures. In some cases victims even fall into comas, suffer injuries the brain. In the most extreme cases lead poisoning and lead to death. At the other end of the spectrum exposure to low levels can lead to cognitive problems, ADHD and ADD, academic underachievement, and even criminal behavior. In adults, lead poisoning can lead to fertility problems, difficult pregnancies, nerve disorders, loss of memory, muscle and joint pain, inability to concentrate and high blood pressure.
In 1992 the federal government passed the Residential Lead-Based Paint Hazard Reduction Act in response to the problem of lead paint in residential structures. This law requires that anyone renting, buying or remodeling a home built before 1978 must receive a pamphlet called "Protect your Family from Lead in Your Home." Landlords that do not comply with the requirements of this law could face substantial fines. If a tenant becomes ill because of exposure to lead pain, the landlord can be held legally liable.
New York also enacted laws to help prevent lead pain poisoning. The law requires landlords and apartment owners to test and remove lead paint when children are present. To ensure that no children are inadvertently exposed, landlords are required to send an annual questionnaire to determine the ages of their tenants. If there is an occupant under 6 years of age they are required to remove the paint by a qualified professional.
Pursuing damagesIf you are in need of a personal injury attorney because you believe you have are suffering medical problems due to exposure to lead paint, you may be entitled to compensation. Under the law you have the right to demand compensation for the medical expenses related to treating your condition. Medical expenses include emergency room treatment, hospital expenses, doctors' fees, surgery, lab fees, MRIs, medication, rehabilitative services, and in-home care.
You can also demand compensation for lost wages. If you are seriously ill because of your exposure to lead paint you are likely to miss work. The person responsible for your illness may be ordered to pay you money to compensate you for the paychecks you missed as well as for loss of earning potential if as a result of your injuries you are unable to earn as much as you would had you not been injured.
In addition, you may be able to collect payment for pain and suffering. Pain and suffering refers to both physical pain associated with severe injuries as well as psychological suffering associated with permanent scars and permanent disabilities.
If exposure to lead caused a loved one to die, then certain family members may be able to recover compensation through a wrongful death claim.
Contact the Law Offices of Stephen Bilkis & AssociatesIf you suspect that the illness that you, your children, or other family members are suffering is due to lead paint poisoning, contact the Law Offices of Stephen Bilkis & Associates to discuss the details of your case. Our staff is experienced in handling claims from people with lead paint injuries as well as claims from those who were injured in auto accidents, slip and fall claims, and other types of accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx (link to: http://injury.1800nynylaw.com/), Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.