Mold can be found throughout our homes and workplaces, even though may not be able to see it. And while it may not be visible, the diseases and disorders that can arise from exposure to mold are very real and often deadly.
Are you worried that mold harmed you at home or elsewhere? You're likely asking yourself questions such as:
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We have proven that with the right mold litigation attorneys, it is possible to successfully litigate over mold exposure. But it's important to recognize that mold exposure or mold-related injuries are extremely complex cases.
It is not enough for a claim to be viable if mold is found in a residence. Having medical and other expenses as a result of exposure to mold doesn't make all lawsuits successful, either. An individual must be found to have known about the mold and chosen not to act upon it before a mold lawsuit can be successful. Further, this action must have led to someone else suffering harm (for example, a negative health outcome).
The presence of mold in a rented or leased property does not automatically make the owner or landlord liable. Before any kind of legal claim can be successful against a landlord or owner, the landlord or owner must have been informed of the mold and given reasonable time to remediate it.
An experienced mold exposure attorney may ultimately allow you to learn whether your claim is valid and how much compensation you may be entitled to.
Molds are generally disdained, but it's important to know that most do not harm human health. Natural processes cause molds to form, usually within dark or humid areas, and while they can be an inconvenience, most of them do little harm.
Toxic molds are still a concern, however. Leaks or flooding cause the most dangerous molds to commonly bloom in our houses and workplaces. A leak or flooding often occurs underground, in an attic or behind walls, or under a sink. The result means that dangerous mold is able to grow in buildings without being noticed by the occupants.
When someone has been exposed to harmful ("toxic") molds, they experience toxic mold syndrome or TMS. Mold is not always toxic since not every type of bacteria can produce toxins; black mold (Stachybotrys chartarum) and toxic Aspergillus are examples of varieties that can indeed be harmful.
Mold can cause different reactions in different people. Those who are immunocompromised may be more likely to be affected by prolonged mold exposure, for example. If symptoms do arise, they may be mild for others with more robust immune systems.
Mold exposure is most often accompanied by headaches, coughs, sneezing, fever, nausea, dizziness, fatigue, irritation of the eyes, and other symptoms. Mold can cause some of the same symptoms as regular allergies, which is why paying attention to them is so important. As a result of long-term mold exposure, individuals may suffer from anxiety, insomnia, depression, and memory loss, among other symptoms. When any of these symptoms occur, a health expert should be consulted; if mold exposure is diagnosed, a mold litigation lawyer should also be contacted.
A mold exposure lawsuit can be filed by a number of people. Renters and tenants who discover mold in their homes are the most common plaintiffs in these types of cases. Mold is also a common occurrence for homeowners, and in some instances, they may be able to request damages from the person who built/designed the home, or perhaps from the manufacturer of a product within the home that is proven to have caused toxic mold to grow.
Additionally, workers may file a legal claim if exposed to mold at work, though such claims usually go through the workers' compensation system because they are classified as work-related injuries.
Finally, consumers may try to file a mold exposure lawsuit against businesses they patronize. In situations where business owners fail to recognize whether dangerous mold is growing in a particular location and do not take steps to protect visitors, these owners may be held responsible for bodily injury and property damage (much like in premises liability cases).
In mold lawsuits, the value is entirely determined by the damage suffered by the plaintiff. Settlements and awards generally consider the following types of damages:
According to the severity of health-related negative effects, medical expenses can be minor or significant. For example, toxic mold-induced respiratory disorders can require extensive treatment in order to be cured. Mold exposure claims should include all of these expenses.
If a victim is unable to perform regular work duties due to health complications caused by mold exposure, then these damages must also be taken into account in the final award. May include past wages lost and loss of earning potential.
Compensation may be awarded to victims for the physical damage as well as mental suffering they endured as a result of mold exposure health complications.
The majority of people who suffer health complications due to exposure to mold are normal, hardworking individuals. While they have experienced traumatic events, the civil justice system can provide them with assistance to resolve their problem.
It can be difficult to navigate mold exposure lawsuits, and they're even harder to win. An attorney who specializes in mold exposure can help victims receive the maximum compensation they deserve when they hire an attorney.
Banville Law only charges clients on a contingency basis, so if we aren't able to obtain compensation on their behalf, they won't be liable for attorney's fees. Our firm has taken this stance since it ensures our interests are always aligned with those of our clients while allowing us to devote our energy to each case we handle.