Q: Can I file a lead poisoning lawsuit at the age 21 and get compensated
A: Setting aside the difficult question of proving that your elevated blood-lead levels resulted from exposure to lead paint in a specific home growing up, and the extent of any cognitive or developmental impairment, if you are claiming damages for lead poisoning that occurred before your 18th birthday, then you must file on or before your 21st birthday. The statute of limitations for filing a claim for personal injury from a defect or exposure to a dangerous condition in a property is 3 years from the date of exposure or the date you knew or should have known of the injury/damages being suffered (e.g., cognitive impairments and/or diagnosis of elevated blood-lead levels). The SOL does not run against a minor child, however, until they reach 18 years of age, and then they have 3 years until they turn 21. If you were first exposed, diagnosed or developed symptoms within the last 3 years, however, you may be within the 3 year SOL for filing a claim.
Tim Akpinar agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.