Legal Question in Personal Injury in New York

My daughter was diagnosed with lead poisoning when she was 2 years old. She is now 11 years old. Is it too late to put in claim for damages her? She continues to have difficulty processing and anger rages that may be from lead poisoning.


Asked on 2/21/11, 5:42 am

5 Answers from Attorneys

Stuart DiMartini Law Offices of Stuart DiMartini

Generally, the Statute of Limitations for a minor in New York is tolled until she reaches majority (18) plus whatever the applicable statute of limitations is for your claim. In a negligence claim, it is three years from the insult. Shorter time restrictions apply for medical malpractice claims. So the short answer from the information you provide is that she would still have time to proceed with a claim.

This is not intended as legal advice and you should consult with a lawyer for legal opinions.

Best wishes

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Answered on 2/21/11, 5:49 am
David Owens, Esq. Molod, Spitz & DeSantis

You have time to pursue a claim on your daughter's behalf, as she does not have to bring a claim until she reaches age 18, plus an additional 3 years for negligence claims in New York. HHowever, I strongly urge you to contact an attorney in the very near future to protect her rights. You want to make sure that all records are obtained and an investigation undertaken to ensure that all possible defendants are identified. Please feel free to contact my office for a free consultation.

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Answered on 2/21/11, 6:09 am
Jason Stern Law Offices of Jason Stern

My office is associated with an excellent attorney in downtown Rochester who has been extremely successful at prosecuting lead paint claims on behalf of children.

If you send me your contact information, I will arrange for you to have a free consultation this week. In any event, do not delay finding legal representation.

Regards,

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Answered on 2/21/11, 9:40 am
Pasquale Calcagno Calcagno & Associates, PLLC

You have time as the time frames to file a case for a minor is extended by law. In lead paint case it is of paramount importance that you retain an attorney right away so that the proper investigation can be done. The longer you wait the more chance you have of the statute of limitations expiring preventing you from bringing a lawsuit forever. Additionally, the longer you wait the more difficult it will be for an attorney to investigate the claim and file against the right parties and obtain key documents and information on your case.

Call me, Pasquale Calcagno, Esq., for a free consultation at 1(800)WE-FIGHT. We have convenient locations all over New York.

I look forward to fighting hard for your rights.

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Answered on 2/21/11, 11:15 am

There is still time, but the longer you wait, the more difficult the proof, and the more difficult it may be to find coverage. If you think you have a claim to pursue, act now. Best, M.E. Zuller

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Answered on 2/21/11, 5:29 pm


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