LEAD POISONING LAWYER IN NEW YORK
Childhood lead poisoning remains the most significant environmental health threat in New York.
Chronic low-level lead exposure – even at levels less than 5 mcg/dL – can cause permanent neurological, behavioral, and emotional harm to young children.
The neurological and physiological deficits caused by childhood lead poisoning include loss of IQ, ADD, ADHD, loss of executive function (the ability to juggle tasks and responsibilities), learning disabilities, delayed puberty, heart disease, kidney disease, and early onset dementia.
Children are especially vulnerable to the dangers of lead poisoning. The vast majority of lead poisoning cases in New York are caused by exposure to and ingestion of deteriorated lead-based paint, lead dust, and other lead hazards.
Although low-income children and children of color are at the greatest risk of being exposed to deteriorated lead-based paint, lead dust, and other lead hazards, any child living in a residential property built prior to 1978 is at risk of lead poisoning. Lead-based paint was widely used prior to 1978 (when it was banned by the U.S. Consumer Products Safety Division) and is presumed – as a matter of law – to be present in all pre-1978 residential properties.
Lead-based paint, even when covered by otherwise “safe” paint can harm your child. Age, weather, wear and tear, friction and impact can work together expose lead-based paint to your child.
Even microscopic particles of lead-based paint that a child ingests through normal hand-to-mouth behavior is sufficient to cause permanent harm. Negligent and callous landlords who refuse to make repairs to their rental properties and ignore the lead-based paint on their rental properties are oftentimes directly responsible for destroying the life and future of an innocent young child. This is absolutely unacceptable given that lead poisoning is 100% preventable.
If you believe that you live in a pre-1978 rental home and that your landlord is ignoring your child’s health, safety and future, call Oliveri & Schwartz at 212-987-1100.
We can educate you regarding the dangers of lead poisoning, tell you what you can do to protect your children, and explain to you and your loved ones how we have recovered millions of dollars on behalf of families just like yours.
WHAT ARE THE SYMPTOMS OF LEAD POISONING?
Lead poisoning remains one of the most common and preventable conditions in the United States. Chronic exposure to lead can result in severe health effects and, in serious cases, can be fatal. The United States Environmental Protection Agency (EPA) estimates that nearly half of all homes built before 1978 still contain lead-based paint. Lead paint that is chipping, flaking, peeling, or otherwise deteriorating is a lead hazard that increases the risk of lead poisoning.
LEAD POISONING IN CHILDREN
Children face an increased risk of harm from exposure to lead-based paint. If you are a parent, you know that young children put all manner of things in their mouth. Children also spend a lot of time on the ground and wash their hands less frequently than adults.
Some common sources of a child’s exposure to lead-based paint in the home include:
- PAINT CHIPS THAT FALL FROM THE WALLS, CEILING, DOORS OR WINDOW FRAMES
- LEAD CONTAMINATED DUST GENERATED BY DETERIORATING LEAD-BASED PAINT
- BARE SOIL IN THE YARD CONTAMINATED BY PAINT CHIPS FALLING FROM EXTERIOR WALLS AND WINDOWSILLS
Early symptoms of lead poisoning can be difficult to detect, and even children who appear healthy may have unsafe levels of lead in their blood. If you believe your child may have been exposed to lead, visit your doctor immediately. You should request a blood test to determine your child’s level of exposure.
Below is a list of common symptoms of lead poisoning in children:
- Learning difficulties
- Difficulty concentrating
- Speech and Language delays
- Behavior problems
- Loss of appetite
- Abdominal pain
- Hearing loss
HOW DO I GET COMPENSATED FOR LEAD POISONING?
Our lead poisoning attorneys understand the terrible pain and suffering that lead poisoning can cause. We fight diligently to ensure our clients are adequately compensated for their injuries.
Our lead poisoning attorneys in New York have more than 35 years of combined experience litigating complex legal issues.
Oliveri & Schwartz has the resources and expertise necessary to ensure the best possible legal representation.
Landlords who knowingly fail to provide required lead disclosures and lead warnings to their tenants may be required to pay substantial penalties for the resulting harm. Under EPA regulations, your landlord may be required to pay significant damages to compensate you for injuries from lead poisoning caused by the failure to provide the required lead warnings and disclosures.
The lead poisoning attorneys at Oliveri & Schwartz rely on their decades of experience to meticulously prepare each client’s case. We know what factors are essential to developing a winning legal argument. Our dedication to our clients has resulted in numerous multimillion-dollar damage awards for lead poisoning cases.
LEAD POISONING IN THE HOME
If lead poisoning occurs in your home, you may have several different legal claims depending on the specific facts and circumstances of your case.
Calculation of damages usually depends on the extent of the harm suffered, and factors such as medical costs, lost wages and the costs of rehabilitation. In children, this cost may be particularly high. Lead poisoning can lead to mental disabilities that could significantly limit the child’s success in school and the workplace. In some cases, if a court determines that the defendant acted willfully to expose you or your loved one to toxic lead, significant punitive damages may also be awarded.
HOW DO I FILE A CLAIM FOR LEAD POISONING?
Lead poisoning cases can be extremely complex and difficult to win. It is important to choose a well-qualified lead poisoning attorney who is familiar with the law and the level of preparation necessary to win your case. But before considering taking any legal action, you should always seek medical attention first. Your doctor will diagnose and treat any pressing health concerns and determine the extent of the harm you have suffered. Documentation from a doctor’s visit is also important evidence for your case.
HOW A LEAD POISONING ATTORNEY HELPS YOU WITH YOUR CASE
Filing a legal claim can be long and often difficult. Our lead poisoning attorneys at Oliveri & Schwartz can help you through this process and provide the necessary resources along the way. Our attorneys will discuss with you the legal merits of your claim and determine if pursuing a case is worthwhile.
Although New York laws provide strong protection for victims of lead poisoning, successfully proving a defendant’s liability can be difficult. To ensure that your claim is successful, your attorney will need to perform a thorough investigation of the facts of your case.
This process will involve:
- A review of relevant medical information
- Inspection of the exposure site
- Interviews with clients
- Other fact gathering.
To help facilitate this process, be prepared to:
- Provide your attorney with a medical diagnosis of lead poisoning
- Your medical history
- A copy of your lease if you or your loved one were harmed in the home
- Photos of deteriorated paint around your home
SCHEDULE A FREE CONSULTATION WITH OUR LEADING POISONING ATTORNEYS IN NY TODAY
If you believe you or your loved one is suffering from lead poisoning, contact Oliveri & Schwartz today to schedule a free consultation. Our experienced attorneys have won millions of dollars in damages for their clients and can provide you with the resources you need. Call or contact us today at 212-987-1100 to schedule your free consultation.