Topic of Seminar: "Lead Paint Defense 101".
Date of Seminar: Friday, July 12th, 2013.
Location of Seminar:
235 East Main Street
Attorney and Author
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors, is one of Maryland's and Washington, D.C.'s premier lead paint defense firms.
Along with its expertise in lead paint defense work, the firm is very highly regarded in the areas of criminal defense and civil litigation, medical malpractice and wrongful death, personal injury and transactional legal matters.
Attorney Charles Jerome Ware is renowned and consistently ranked among the best attorneys and legal counsellors in the United States. [GQ Magazine, The Washington Post, The Baltimore Sun, The Columbia Flier, USA TODAY, The Howard County Sun, The Anniston Star, The New York Times, et al.]
The national law firm of Charles Jerome Ware, P.A., Attorneys and Counsellors is: "Still working. Still committed. Still here to make a difference."
Lead paint lawsuits by tenants against landlords have increased during the past few years as the public has become more aware of the dangers created by lead paint.
Lawyers who represent injured children or residential landlords should investigate the facts to determine the identity of potentially liable defendants, the cause or causes of the injury, the potential defenses to the claim, which experts to utilize, and the different types of damages available in the case.
How Much in Damages Can Be Expected?
Damages recoverable in lead paint suits are similar to those recoverable in other types of personal injury litigations: loss of earning capacity, medical expenses, and pain and suffering. Parents may have a claim for loss of consortium in some jurisdictions. Also, some jurisdictions allow for the recovery of punitive damages if the facts of the case establish the elements for the award.
The largest dollar claim for damages generally falls under the category of vocational limitations.
In most cases, plaintiffs allege that the exposed child will be restricted in vocational options as an adult due to irreversible injuries caused by the exposure to lead that permanently disable the affected child. As a result, the child's earning capacity as an adult will be diminished.
In an attempt to mitigate loss of earning capacity damages, defendants may present evidence that the parents possess modest or below-average intelligence, together with expert testimony that children usually exhibit a level of intelligence that mirrors their parents.
The assessment by the defendant on vocational damages may focus on the child's home environment and the parents' child-rearing practices. These factors may strongly affect a child's cognitive behavior and development.
Defense counsel may argue that it is better to assess a child's future earning capacity on familial elements rather than on lead exposure.
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