My Love Of The Law

FAQs About Lead Poisoning In The Home

by Alan Medina

The health problems that can result from being exposed to lead paint have been well-documented. Unfortunately, some landlords have not take the necessary steps to ensure that their tenants are safe from exposure. If you believe the lead paint is to blame for your health problems, here is what you need to know. 

Did Your Landlord Provide You With Disclosures?

Federal law requires that your landlord provide you with lead paint disclosures prior to you and your family taking residence in the home or apartment. If your landlord failed to do so, he or she could face serious consequences, such as a large fine. 

In addition to filing a claim or lawsuit to recover damages for the lead poisoning you suffered, you can also file a complaint with the Department of Housing and Urban Development. The agency will investigate and determine whether any action is required on its part against your landlord. 

What Can You Do?

Regardless of whether or not you were informed of the potential for lead poisoning, you need to be tested and receive treatment. Your medical records will play a major part in your case. If you do not receive treatment, your landlord's insurance company will argue that you are not entitled to compensation because your injuries were not serious enough to warrant treatment. 

While you are receiving treatment, you need to send a notice of your intent to file a claim to your landlord's insurance company. There are time restrictions that limit how long you have to notify the insurance company. You do not have to provide specific details of your case in the notice, but it is imperative that you send it. 

Once you have received treatment and assessed the other damages you have suffered, such as wages that were lost from being unable to work due to lead poisoning-related illness, you can send a demand letter for payment to the insurance company. 

In the letter, you need to state why you believe the landlord is responsible, the injuries and other damages you suffered, and how much you are willing to settle your claim for. You also need to include copies of any evidence you have to support your claim. 

Working with a personal injury lawyer can help improve your chances of recovering compensation for lead poisoning. It is important to remember that you will be dealing with an insurance company and not just your landlord. As a result, you need an experienced attorney to help you build your case.