Average Lead Poisoning Lawsuit Settlement in California
  • Jun 29, 2023

Average Lead Poisoning Lawsuit Settlement in California

Updated on 10/16/2023

Legally reviewed by: Jessica Anvar Stotz, JD, MBA

The average settlement amount in lead poisoning lawsuits in California can vary based on several factors, including the severity of the poisoning, the extent of damages, and the specific circumstances surrounding each case. However, recent settlements offer some valuable insights into the typical compensation amounts.

One notable settlement involved three former manufacturers of lead paint, resulting in a substantial $305 million agreement with California county and city governments. This settlement aimed to address the persisting hazards of lead poisoning in older housing. It is not uncommon for lead poisoning cases to result in six-figure or higher settlements, particularly when certain conditions are met.

Please keep in mind that the information provided is based on recent settlements and does not constitute legal advice. It is recommended to consult with a qualified attorney to understand the potential value of your lead poisoning lawsuit in California based on the specific details of your case.

Common California Lead Poisoning Settlement Amounts

Severity of Case Average CA Lead Poisoning Settlement
Minor Approximately: $100,000-$500,000
Moderate Approximately: $500,000-$2,000,000
Severe Approximately: $2,000,000-$10,000,000+

Example cases with lead poisoning settlements

  1. In one notable case, a fifteen-year-old who had been exposed to lead since the age of seven in two residences managed by the same property management team received a settlement of $8.5 million. This significant amount reflects the severity of the situation and acknowledges the long-term effects of lead poisoning on the victim’s health and well-being.
  2. A California family reached a $10 million settlement after their child was diagnosed with severe lead poisoning due to the failure of property manager Caltrans to remove hazardous paint from their rented home. The Nolan family filed a lawsuit in 2013, alleging negligence on Caltrans’ part for not addressing the lead-based paint issue. The child, exposed to the paint since 16 months old, now suffers from permanent brain damage and speech impairment. Despite being cited by the Los Angeles Department of Public Health, Caltrans took five months to remove the lead. The settlement will provide ongoing care for the child, and the case was settled during a second mediation session.
  3. A family of a small child reached a settlement of $6 million with their landlord. The child suffered brain damage as a result of the exposure to lead paint.
  4. A lead-poisoned child residing in a HUD government subsidized apartment building received a settlement of $1.4 million. The child experienced behavior problems and learning difficulties as a result of the lead poisoning. This substantial settlement reflects the serious impact of lead exposure on the child’s development and quality of life
  5. After a long legal battle, lead paint manufacturer NL Industries agreed to pay $60 million to ten California counties in a settlement aimed at removing toxic lead paint from homes. The agreement, resulting from a 2000 public nuisance lawsuit, comes after years of litigation and a previous $1.15 billion award to the plaintiffs in 2013. The lawsuit alleged that NL Industries, along with ConAgra Grocery Product and Sherwin-Williams Company, aggressively marketed lead paint despite its residential ban in 1978.

Factors that affect lead poisoning settlement amounts

How much money can you get from lead poisoning? The amount of money awarded in lead poisoning cases can vary significantly and is influenced by several factors specific to each case. In California, the following variables can impact the settlement amounts:

  • Severity of the lead poisoning: The extent of the lead poisoning and resulting health effects play a significant role in determining the settlement amount. Factors such as the duration and level of lead exposure, as well as the physical and neurological harm caused, are taken into account.
  • Medical expenses: The cost of medical treatments related to lead poisoning, including testing, diagnosis, ongoing care, and therapy, can be included in the settlement calculation. The expenses incurred for addressing the health effects of lead poisoning are considered.
  • Property damages: If the lead poisoning resulted from exposure in a property, the expenses associated with property remediation or repairs to remove lead contamination may be factored into the settlement. This includes the costs of making the property safe and free from lead hazards.
  • Loss of earnings or earning capacity: If lead poisoning leads to long-term health issues that impact a person’s ability to work or earn a living, compensation for lost wages or diminished earning capacity may be included in the settlement amount. This accounts for the financial impact on the affected individual’s ability to support themselves or their family.
  • Pain and suffering: Settlement amounts can also consider the physical and emotional pain, suffering, and diminished quality of life caused by lead poisoning. This accounts for the non-economic impact on the affected individual’s well-being and overall life enjoyment.
  • Negligence or liability: The degree of negligence or liability of the responsible parties, such as property owners, landlords, manufacturers, or government entities, can significantly influence the settlement amount. Cases involving gross negligence or intentional misconduct may result in higher settlements as they reflect the level of responsibility and harm caused.
  • Legal expenses and attorney expertise: The costs associated with pursuing legal action, including attorney fees, are considered in the settlement negotiations. Additionally, the expertise and reputation of the attorney representing the affected party can play a role in the negotiations and potentially impact the settlement amount.

It’s important to note that every lead poisoning case is unique, and additional factors specific to each situation may come into play when determining the settlement amount. Factors like the age and health of the affected individuals, any pre-existing conditions, and the overall impact on their lives may be considered during the settlement negotiations.

To ensure accurate advice tailored to your specific situation, it is crucial to consult with a qualified lead poisoning attorney in California. They can assess the specific details of your case, provide legal guidance, and advocate for your rights to pursue fair compensation.

How do you know if you or your child has suffered lead poisoning?

Lead poisoning can have serious health consequences, especially for children. Here are some signs and symptoms in children and infants that can indicate lead poisoning:

  • Developmental delays
  • Learning difficulties
  • Irritability
  • Loss of appetite
  • Weight loss
  • Fatigue
  • Abdominal pain
  • Constipation
  • Vomiting
  • Behavioral problems
  • Hearing loss
  • Seizures

When You DO Have a Lead Poisoning Case:

  • When you or your child have a confirmed blood lead level above the reference range established by health authorities.
  • When you or your child exhibit symptoms and signs consistent with lead poisoning, such as developmental delays, learning difficulties, abdominal pain, irritability, high blood pressure, joint pain, memory loss, or other related symptoms.
  • When you or your child have a known history of exposure to lead, such as living in a house with lead-based paint, working in an occupation with potential lead exposure, or being in an environment with high levels of lead contamination.

When You DON’T Have a Lead Poisoning Case:

  • When you or your child have a blood lead level within the normal reference range established by health authorities.
  • When you or your child do not exhibit any symptoms or signs associated with lead poisoning.
  • When there is no known history of exposure to lead.

Note that lead poisoning can manifest with a range of symptoms, including some that are nonspecific or even asymptomatic. As such, seeking guidance from a healthcare professional is highly recommended.

By consulting with a healthcare professional, you can receive a thorough evaluation of your unique circumstances, undergo appropriate testing, and obtain an accurate diagnosis. Their expertise will ensure that any potential lead poisoning is properly identified and managed.

How long do lead poisoning lawsuits take?

The duration of a lead paint lawsuit in California can vary depending on several factors. These lawsuits often involve complexities that require extensive investigation, evidence gathering, negotiations, and legal proceedings, which contribute to their time-consuming nature.

Various factors can influence the duration, including the number of parties involved, the complexity of the case, court availability, and the willingness of parties to reach a settlement.

Lead poisoning lawsuits have, in certain cases, spanned multiple years before reaching a resolution. For instance, a lawsuit initiated in 2000 by Californian counties and cities against former lead paint manufacturers for the removal of lead paint from homes took about 19 years to settle. Each lead poisoning case is unique however, and the duration can significantly differ.

For the most accurate and up-to-date information regarding the duration of lead poisoning lawsuits in California, it is advisable to seek guidance from a legal professional specializing in toxic tort or personal injury law within the state.

They possess the expertise to provide specific insights based on the case details and prevailing legal landscape. Consulting with such professionals will ensure you receive tailored advice regarding the potential duration of your particular case.

To obtain the most accurate and current information regarding the duration of lead poisoning lawsuits in California, it is recommended to consult with a legal professional specializing in toxic tort or personal injury law in the state. They will be able to provide specific guidance based on the details of the case and the current legal landscape.

Ask an attorney your questions today

At LawLinq, we are dedicated to supporting individuals facing lead poisoning cases by providing them with comprehensive assistance and guidance.

We recognize that those dealing with lead poisoning may already be burdened by medical expenses and financial challenges, and we aim to alleviate any additional stress by offering our services free of charge. Our belief is that everyone should have access to quality legal representation regardless of their financial circumstances.

To ensure a convenient and efficient process, we have developed a reliable platform for inquiries. Through our user-friendly website and helpline, individuals can easily reach out to us and express their concerns. We understand the urgency of these matters and strive to address questions and inquiries promptly, providing reassurance and support during what can be a difficult time.

Our network consists of California bar certified member attorneys who specialize in lead poisoning cases. These attorneys have extensive experience in handling such cases and possess a deep understanding of the complexities involved.

They are well-versed in the scientific evidence, liability issues, and the legal framework surrounding lead poisoning laws. By connecting individuals with these qualified professionals, we enhance the likelihood of achieving favorable outcomes and securing the rightful compensation individuals deserve.

If you have any questions or concerns about your lead poisoning case, our dedicated team is here to help. Reach out to us today and our team will ensure that you receive the assistance and guidance needed to navigate the legal process effectively.