Do we have a case if my family and I lived in an apartment and I just was notified was a meth-lab and was documented to be condemned but never was?

My wife was pregnant at the time with our son and know he appears to have some learning disabilities that could have been caused by the atmosphere we all were subjected to. We lived there 9 years ago.

Asked on October 9, 2014 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It would be advisable to have your son examined by a doctor and if that doctor writes a report that the meth lab environment caused your son's learning disabilities, you could sue the landlord, city, county and state for your son's injury.  The city, county and state would be liable for not following procedures to have the place condemned. All of the parties would be liable for negligence.

Prior to filing a lawsuit, it may be possible to settle the case with the insurance carriers for the various defendants.  Your son's claim filed with the respective insurance carriers should include his medical bills and medical reports.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of his injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.

If the case is settled with the insurance carriers for all of the defendants, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the insurance carriers, reject the settlement offers and file a lawsuit for negligence against the defendants with whom the case has not settled.  If the case has not settled, your lawsuit on behalf of your son must be filed prior to the expiration of the applicable statute of limitations or your son will lose his rights forever in the matter.  You will need to be appointed guardian ad litem to file a lawsuit on behalf of your son because he is a minor.


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