what kind of lawyer handles a mold exposure case

by Leif Pagac II 10 min read

A mold attorney will be a personal injury lawyer with experience in toxic mold claims. Toxic mold claims are complex and require a great deal of expertise. There are multiple areas of law that may be involved, including breach of contract claims and personal injury claims.Feb 9, 2021

How to hire a lawyer for a mold lawsuit?

  • Toxic Torts Law
  • Personal Injury Law
  • Housing Law
  • Contract and Construction Defects Law
  • Water Intrusion Law
  • Health Law
  • Employment Law (if workplace-related)

Who to sue for toxic mold?

You can sue your landlord for mold:

  • If you notified your landlord that there is a water leak or that there is visible mold in the rental property, but your landlord has neglected to fix or remediate ...
  • If you have any uninsured/unreimbursed past and future medical expenses due to mold exposure;
  • If you have lost wages and will lose wages in the future due to your condition;

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Can I sue my employer for possible toxic mold exposure?

The intentional harm often depends on the actions of the employer and knowledge that the toxic mold already exists in the building. One option to sue the company is possible when workers’ compensation laws are no longer in place for the case or where the exception exists. The actions of the employer may lead to litigation.

Can I sue for mold exposure?

Exposure to toxic mold can warrant a personal injury or property damage lawsuit. Depending on the circumstances of the incident, a toxic mold lawsuit can be brought against various liable parties. For example: A landlord or property management company responsible for maintaining a safe environment.

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Can you sue for toxic mold?

If you have developed health problems, suffered property damage, or incurred other types of losses because of a mold infestation, you may be able to file a legal claim to get compensation for your injuries or losses, including the cost of getting rid of the mold (called "mold remediation").

How do you prove mold exposure?

How Do Doctors Test for Mold Exposure?Skin test for reactions to allergens, including mold.IgG mold antibodies test to see the immune system's reaction to molds. A positive test means that an individual was or is currently exposed to mold.Urine mycotoxins test.A fungal culture of the nasal sinuses.

What type of tort could you claim if your home has toxic mold?

Negligence. Negligence is the most common theory of recovery in mold cases. Negligence is described as the failure of a responsible party to work with the degree of care that a person of reasonable prudence would use under the same or similar circumstances.

Is mold a toxic tort?

Toxic mold generally occurs because of water intrusion, from sources such as plumbing problems, floods, or roof leaks. It is this ageless life form that has spawned a new species of toxic tort claims and has had legal and medical experts debating the complex health implications that follow.

Will mold exposure show up in bloodwork?

There are no proven tests that show when or where you may have been exposed to mold. But your doctor may check for mold allergies by reviewing your symptoms and performing one of the following tests: Blood test.

What are the symptoms of long term mold exposure?

Toxic mold exposure is also connected to more serious, long-term effects like insomnia, memory loss, trouble concentrating and confusion. Mold exposure contributes to depression and anxiety. It can even lead to muscle cramps, numbness in extremities, weight gain, light sensitivity and hair loss.

How much can you get for mold compensation?

It is usually calculated as a percentage of the rent you paid while living in the conditions. A completely uninhabitable property could get 100% of rent as compensation, but this is incredibly rare. More typically, compensation would be between 25% and 50% of your rent, according to legal experts.

Can you sue for being exposed to black mold?

Black Mold And Your Landlord's Responsibilities It may be possible to file a lawsuit against anyone who has caused or contributed to the presence of toxic mold in your home or other property if you or a family member have suffered health problems or property damage due to the presence of toxic mold.

What is a toxic tort injury?

A toxic tort is a subcategory of torts involving injuries to plaintiffs caused by toxic substances. Such cases are often brought under the doctrine of product liability.

Can I break my lease because of mold in Texas?

Without an agreement, a court finds that the mold condition materially affects the physical health or safety of an ordinary tenant and lets you: end your lease, or. get a court order requiring mold removal.

South Philly Mold Lawyer

Robert Maizel is a Multi Million Dollar Verdict Winning Attorney who specializes in helping clients who have Mold Exposure, Toxin Exposure and Chemical Exposure Injuries. Most cases related to Mold Exposure, Toxin Exposure and Chemical Exposure Injuries come from Property Damage Losses that occur right in our client’s homes.

Robert Maizel, Esquire

Robert Maizel is an Experienced Trial Attorney in Philadelphia with over fifteen years of trial experience.

Why do people have toxic mold?

These individuals are the most likely to experience toxic mold issues because they live in buildings that are older structures made with materials prone to mold. Poor building maintenance may also be a factor.

What is mold in a house?

Mold is an organism that develops in places where there is excessive moisture. This can happen when a home or building experiences a water leak such as a pip leak, a flood, a roof leak, or any other way in which water can enter. Mold can cause property damage. Mold removal, also called mold remediation, can be costly and time consuming ...

What are the two types of mold?

Two types of mold, stachybotrys chartarum and toxigenic aspergillus, may cause adverse reactions in individuals. These are the types of mold attorneys and mold remediation companies often refer to as toxic mold. Adverse reactions to these molds can lead to life threatening issues.

What is black mold?

Stachybotrys chartarum is what most individuals are referring to when they say “black mold.”. It has a dark green or black appearance. The mold produces spores which are released into the air as it feeds on organic material in the building or home, such as drywall or carpet.

What are the most common damages for mold?

The most commonly recovered damages are compensatory damages. Damages can be recovered for losses, including: Repair costs;

Which states have mold standards?

There are some states which have passed laws with regard to mold standards and guidelines, specifically referring to indoor air quality. California is one of those states, with the Toxic Mold Protection Act of 2001, it established mold remediation standards for contractors, owners, and landlords.

Does homeowners insurance cover mold remediation?

Mold problems can also occur in areas that have experienced water damage. Many times, mold remediation will be covered under a homeowners insurance policy under water damage.

Why is it important to remove mold from walls?

Water leaks, flooding, and poor humidity control all can create environments in which dangerous molds flourish. Removing such molds is vital to in preventing TMS, but can prove difficult. If walls or ceilings are heavily contaminated, the entire structure must be removed.

What is toxic mold syndrome?

Understanding Toxic Mold Syndrome: Toxic Molds Syndrome (TMS) is the term used to define illnesses that arise from exposure to spores of certain molds. These specific molds produce a poison called a. Toxic Molds Syndrome (TMS) is the term used to define illnesses that arise from exposure to spores of certain molds.

Is mold harmful to children?

Yet, stories continue to come in of certain day care centers or nursing homes kept in disrepair that allow mold to develop and expose children and seniors to these dangerous spores. It is important to note that most mold forms are harmless.

Can mold cause allergies?

Anyone with allergies or chronic respiratory disease may experience more pronounced symptoms from exposure to these molds.

Is mildew on a bathroom floor toxic?

For instance, the mildew that most everyone has seen on bathrooms tiles or under lawn furniture is usually not toxic. But, although most molds are harmless, several mycotoxin producing molds can also develop in the kind of environments described above.

What is mold exposure?

If you have persistent flu-like symptoms, and a doctor believes it may be due to mold exposure, a mold exposure attorney will help you understand what you are entitled to legally. These instances are is in cases of mold exposure found within rental property, or places of employment.

How long can you go without a mold test?

Many victims of mold exposure go for months or years without a proper diagnosis. If you have suffered from, or are presently struggling through the health symptoms of toxic mold exposure, you may be entitled to restitution based on state and local laws.

How to clean up mold in a house?

If you sustained personal injuries or property damage caused by mold or are having difficulty obtaining landlord mold clean up, an experienced attorney may: 1 Prepare and send a legal reminder to speed up mold remediation since you are entitled to a habitable living place 2 Arrange tests verifying the existence of mold or air quality standards 3 Examine the causal relationship between mold and your condition with appropriate experts 4 Investigate workmanship, materials, and other construction aspects which may have caused the toxic mold

How to speed up mold remediation?

Prepare and send a legal reminder to speed up mold remediation since you are entitled to a habitable living place. Arrange tests verifying the existence of mold or air quality standards. Examine the causal relationship between mold and your condition with appropriate experts.

What happens if you get a mold wrongful act?

If a court finds a wrongful act occurred, you may receive compensation for injuries, pain and suffering, loss of work, or other related costs incurred because of mold exposure.

What is black mold?

Toxic mold, including black mold, starts growing in moist damp places and expands to create a contaminated home or building. It releases spores and mycotoxins (poisonous toxins) that affect air quality and cause health problems.

Can mold cause health problems?

Children and people with immune deficiencies are especially susceptible to health problems from mold. If you have been exposed to toxic mold, an experienced attorney may be able to help.

What is the liability for mold damage?

The most common theories of liability for toxic mold injuries include negligence, breach of warranty, and failure to disclose.

How does mold settlement work?

How Mold Lawsuit Settlements Work. For homeowners and renters, settlements avoid the uncertainty of a jury verdict, especially considering the complexity of proving fault. Settlements also sidestep the considerable legal costs involved in such cases, such as medical experts and lab testing. Defendant owners and landlords, likewise, typically prefer ...

Why is mold toxic?

For instance, it could be the result of construction defects, faulty materials, poor architectural design, or the previous owner's failure to disclose known problems.

Can mold cause health problems?

But some molds can cause serious health problems once they get a foothold into your home or workplace, particularly that which is known as " black mold .". The presence of toxic mold often suggests an underlying construction defect or some other problem caused by a third party, and thus often leads to litigation.

Is mold a health problem?

Toxic mold has been known to cause a number of severe injuries and health conditions, including respiratory problems , flu-like symptoms, headaches, and skin irritation. A few different types of mold have been labeled toxic, most notably Stachybotrys atra. Removal of mold typically requires the destruction of all infected materials, such as sheet rock, floorboards, and furniture.

Do landlords and defendants prefer settlements?

Defendant owners and landlords, likewise, typically prefer the finality of settlements and the lack of negative media publicity that would result from a verdict. When arriving at a dollar value for total damages, plaintiff's attorneys typically review verdicts and settlements reached in similar toxic mold cases.

Can mold be found in fruit?

Mold is found just about anywhere there is moisture, a lack of ventilation, and the right temperature. Fruit that isn' t eaten in time often develops nasty (but harmless) mold as it expires, for instance. But some molds can cause serious health problems once they get a foothold into your home or workplace, particularly that which is known as " black ...

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