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When Can You Sue for a Child's Lead Poisoning?

By Ephrat Livni, Esq. | Last updated on

Lead poisoning, which until recently seemed like it might become a thing of the past, is back in the national spotlight. Children in Flint, Michigan have been injured and lawsuits, criminal and civil, stemming from lead in the drinking water in that area are being filed.

This week three government officials became the first to face criminal charges for the Flint water crisis, and they could potentially spend years in prison. Meanwhile, class actions on behalf of injured children, as well as individual claims based on lead poisoning, are already under way. If you are contemplating such a case, here are some considerations.

Lead Poisoning

Parents whose children experienced lead poisoning in Flint said they saw a visible change in children's behavior. They went from cheerful to irritable, energetic to sluggish, and were not as mentally acute. This is blamed on the toxic levels of lead in the Michigan city's drinking water.

But lead can be found in many places and things, air, water, even toys. It can be in gasoline, construction materials, old house paints, and more. Children under seven years old are most severely impacted by the effects of lead and high levels of it in the blood cause serious neurological damage. But adults are also susceptible to the effects of lead poisoning.

Personal Injury lawsuit

You can pursue a lawsuit for personal injury based on lead poisoning if you see or suspect signs of these effects on your child, and know the source of the poison. Even if you are not sure exactly what the source is, talk to a lawyer. Your attorney can ask for more tests, or for you to see specific medical professionals for treatment, in order to establish your cause of action.

Consult With Counsel

When you go see a personal injury attorney, you just need to articulate your story. It's an opportunity to discuss the injury and see if there is more to it, potential angles to pursue to recover damages.

Find the lawyer for you, and together you two can go over the details, consider potential defendants, and create a timeline trying to connect the injury to use of a particular product or some environmental change. Get help figuring out your case. Many personal injury attorneys consult for free or a minimal fee and will be happy to talk.

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