Two years ago, I found out my son had a lead level of 47 from the paint chips in our apartment. I hired a lawyer 2 weeks later but , she just told me today they found out that the landlord has no insurance and that they will not continue the case even though the landlord knew before we moved in about the lead and failed to tell us. What should I do?
2006-09-14 15:44:55 · 9 answers · asked by mrskyesha 2 in Politics & Government ➔ Law & Ethics
The lack of insurance makes no difference. I would assume that your lawyer wants to make a quick buck, so he or she doesn't want to pursue this. Find a different lawyer. You can still file a suit. If you win, the judgment will come in the form of a wage garnishment of your landlord's income or a freezing of his assets until he pays the amount awarded.
2006-09-14 15:52:02 · answer #1 · answered by dh1977 7 · 0⤊ 0⤋
I would say so, but I'm not a lawyer. I thought it was a law that they had to have insurance. Maybe you need a new lawyer. Sometimes, it's all about money, and you may get the raw end of the deal. Just don't give up yet, keep calling lawyers. If he doesn't have money, what about his assets? His property, etc. could be taken instead of money I would think. Good luck.
2006-09-14 15:51:15 · answer #2 · answered by SweetPea 3 · 0⤊ 0⤋
You are free to hire another attorney to continue the lawsuit. However, your current attorney was probably working on a contingent fee basis. When an attorney takes on a case with a contingent fee agreement, the attorney doesn't get paid unless he or she collects.
Without insurance coverage, how will you be able to collect the judgment if you win at trial? You need to conduct an asset search on the landlord to see how much you could realistically collect. A judgment is just piece of paper that says how much you are owed, but it is still up to you to collect it.
2006-09-14 16:14:15 · answer #3 · answered by Carl 7 · 0⤊ 0⤋
Get a new lawyer. The only reason they wont persue it is because they are greedy and know that there wont be any big money come out of this without insurance.
2006-09-14 15:49:23 · answer #4 · answered by Anonymous · 1⤊ 1⤋
You may want to check through your lease to see if there was a statement or disclosure in regards to lead paint. In Florida we only have to advise of the possibility in any building older than I believe 1976.
2006-09-14 15:49:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Or you could have been a good parent,instead of blaming others.
Disposable paint brushes at the dollarstore, sand paper, 1 galon paint...about $12. I'm sure that would be WAY harder.
2006-09-14 15:50:12 · answer #6 · answered by onionheadinvancouver 3 · 1⤊ 2⤋
get a new lawyer. you need to seek damages and whatever you can get from him. what if your son would have died? wouldnt you do anything to make sure justice was done?
2006-09-14 15:53:07 · answer #7 · answered by tonyspurplekitten 2 · 0⤊ 0⤋
Sue for what? Did your child eat the paint? You didn't see him eating the paint? Even if the paint chips were non-toxic, I wouldn't sit there and let my kid eat it !
2006-09-14 15:52:59 · answer #8 · answered by Scorpius59 7 · 1⤊ 2⤋
I still would pursue it. get another lawyer sweetie. obviously this one dont want to do their job.
2006-09-14 15:49:46 · answer #9 · answered by sexylittleangel06 2 · 0⤊ 0⤋