what kind of lawyer handles toxic mold suits

by Arturo Barrows Jr. 9 min read

personal injury lawyer

What kind of attorney should I hire for a mold lawsuit?

Feb 09, 2021 · 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.

Is a toxic mold attorney the right fit for You?

Jan 19, 2017 · Ideally, you want to hire an attorney who has worked on mold-related claims before; and in fact some attorneys specialize in toxic mold cases. Since these types of lawsuits tend to encompass many different areas of the law, you will want an attorney who is familiar with the following: Toxic Torts Law; Personal Injury Law; Housing Law

Who can sue for toxic mold injuries?

If you are a homeowner or commercial business owner whose building is contaminated by toxic mold growth, causing adverse health effects and property damage, considering hiring a toxic mold lawyer. Toxic mold cases may include claims against contractors and suppliers for construction defects and faulty construction materials.

What do I need to know about mold litigation?

An Experienced Mold Litigation Attorney Can Help. If you sustained personal injuries or property damage caused by mold or are having difficulty obtaining landlord mold clean up, an experienced attorney may: Prepare and send a legal reminder to speed up mold remediation since you are entitled to a habitable living place

image

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?

Urine testing for mold is one of the most popular ways to test for mold exposure, as elevated levels of uric acid and other organic acids may indicate exposure to mycotoxins. These tests should be performed in a sterile lab testing facility and the results analyzed by a trusted medical lab.

Is mold a toxic tort?

Scientists have identified over 5,000 species of mold, of which around 150 can cause allergies in humans, approximately 50 are pathogenic (i.e., they can grow inside the human body), and about 50 are capable of creating “mycotoxins,” fungal metabolites which may cause toxic reactions in healthy individuals.

What diseases are caused by mold?

These include:Mold-induced asthma. In people allergic to mold, breathing in spores can trigger an asthma flare-up. ... Allergic fungal sinusitis. This results from an inflammatory reaction to fungus in the sinuses.Allergic bronchopulmonary aspergillosis. ... Hypersensitivity pneumonitis.Jun 21, 2021

What does mold toxicity feel like?

Each person's body is affected by mold toxicity in different ways. Some experience constant migraines and headaches, shortness of breath, brain fog, fatigue or even depression. Since symptoms differ from person to person, they may not be quickly associated with mold exposure.Sep 17, 2018

Can blood test detect mold exposure?

Blood test. A blood test, sometimes called the radioallergosorbent test, can measure your immune system's response to mold by measuring the amount of certain antibodies in your bloodstream known as immunoglobulin E (IgE) antibodies.Jun 21, 2021

What is a toxic tort case?

REV. 1319, 1334 (2004), for purposes of this Article toxic tort cases involve plaintiffs who have been exposed to allegedly toxic substances, such as chemicals, asbestos fibers, or a pharmaceutical product, and allege that this exposure has caused their cancer, birth defect, or other injury.

What can I use for mold remediation?

Bleach and dish detergent, common household items, can be used to clean mold in your home after a storm. The steps to take to clean up mold will depend on how much water damage your home suffered.

Can I break my lease because of mold in Texas?

Do I have to have the property inspected for the mold removal to be covered by the landlord? 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.Jun 23, 2021

How do you detox your body from mold?

Sweating. Some people recommend sweating, or using a sauna, to support the process of mold detoxification. No research confirms that sweating can specifically help address the effects of mold. But a 2020 review suggests sweating does play an important role in your body's natural detoxification process.Mar 9, 2022

How long does it take to detox from mold?

Healing detox reactions should only last 2 weeks to a month at the longest, at which point, the patient breaks through and their body begins to positively react to treatment. Find a great integrative doctor who understands the impact of mold. Remember it rarely acts alone and the body is never wrong.Apr 28, 2021

How long does it take to get sick from mold exposure?

These symptoms usually first appear 2 to 9 hours after exposure and last for 1 to 3 days. Other affected persons have progressive shortness of breath and cough, as well as weight loss. Work-relatedness may only become apparent over long holidays if symptoms resolve and then recur on return to work.

What to include in a mold lawsuit?

This will include detailed notes and photographs about the mold, its growth patterns, and where it has been discovered; plus records of any actions that were taken to repair or clean up the affected areas.

Why is mold toxic?

The causes of toxic mold contamination are many, but often can be linked to defective building materials, negligent design or construction, or a failure to warn about a known problem. As such, those who suffer mold-related injuries may consider filing toxic mold claims.

Is mold a fungus?

Mold is a kind of fungus found just about anywhere there's adequate moisture, lack of airflow, and the ideal temperature. Most mold is harmless, but some molds create certain volatile organic compounds (VOCs) known to cause serious injuries after prolonged exposure, often in a home or workplace.

Is toxic mold attorney good?

Even the brightest, most-experienced toxic mold attorney may not be the right fit for you. You will want someone with whom you feel comfortable, who has a solid track record (ask for references to past clients), and whose fee arrangement fits with your financial situation. It's also important to have an attorney who will keep you apprised of what's going on and generally maintain open lines of communication.

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

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.

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 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.

Why is it important to document toxic mold?

It is extremely important for you to document all the problems and damages you have that are caused by toxic mold. Being well organized will increase your chances of favorably settling your toxic mold case with an insurance company and winning your case should it proceed to court.

Who is Michael Wechsler?

Wechsler is an experienced attorney, founder of TheLaw.com, A. Research Scholar at Columbia Business School and of-counsel to Kaplan, Williams & Graffeo, LLC. He was also an SVP and chief Internet strategist at Zedge.net and legal consultant at Kroll Ontrack, a leading service e-discovery and computer forensics service provider.

Can you file a claim for toxic mold?

If you or someone from your family has been harmed by toxic mold, it is possible that you may have a legal claim . Most toxic mold cases are typically the result of some type of negligence, such as the following:

Can mold be found in a condo?

Mold can exist undetected in homes, apartments, and condos for many years. You may be experiencing physical symptoms without even knowing that mold is present. Don’t put your family’s health at risk, contact the mold attorneys at Militzok & Associates today for a free, no-obligation consultation.

Is black mold dangerous in Florida?

Do not take a chance with the health of you or your family. Toxic black mold can be very hazardous and can cause a variety of different health problems.

What can a mold attorney do?

An attorney may be able to assist with ensuring the issue is worked around. A mold attorney can advise how to proceed in cases where causation is tough to prove but the tenant or homeowner may also be blamed for poor housekeeping. In these cases, proving injury and causation can be challenging, but it is needed.

Why do people settle toxic mold?

Settlements provide homeowners and renters with more certainty than a jury verdict, especially considering the difficulty of proving fault. Settlements also help avoid legal expenses and lab testing. The defendants, likewise, usually prefer to avoid the negative media coverage that results from a verdict. Settlement amounts for toxic mold claims vary depending on the kind of injuries sustained, the extent of the property damage, and many other factors. Here are some settlement examples:

How does mold grow?

Mold develops in environments where there is an excess of moisture. The mold growth can be caused by water leaks in the roof of a home or building, a flood, a pipe leak, or any other source through which water can enter. Cleaning mold can be costly and time-consuming, but it is absolutely necessary to protect the health of the people in the affected building. Mold is toxic to the body, causing sickness, nausea, asthma, or rashes. A mold problem can occur in many places including the workplace, schools, or homes. Mold usually appears in the following places: 1 In air conditioning units; 2 Flooded basements; 3 Underneath a refrigerator; 4 Under a kitchen or bathroom sink; 5 Around leaky windows; 6 Under a damp rug; 7 In a plumbing issue prone area; and/or 8 Roofs and ceilings where a leak is present

How much did mold cases cost in 2000?

There were almost no mold claims prior to 2000 and claim amounts were relatively low. Usually $5,000 or less. High-profile jury verdicts resulting in seven or even eight figure sums have led to an explosion in mold ...

What type of compensation is awarded to a landlord for mold?

The other party has to pay prevailing party’s attorney’s fees in some states. Punitive damages are another type of compensation that may be awarded. If a landlord, insurer, or homebuilder intentionally misled the injured party about the presence of mold, punitive damages may be awarded.

Why is mold growing on my roof?

The mold growth can be caused by water leaks in the roof of a home or building, a flood, a pipe leak, or any other source through which water can enter . Cleaning mold can be costly and time-consuming, but it is absolutely necessary to protect the health of the people in the affected building.

What is the disease caused by mold?

Asthma attacks and bronchitis; Legionnaire’s Disease, which is an infection spread by bacteria found in unsanitary and damp places; and/or. Vasomotor rhinitis, an allergic nasal condition. If a person experiences any of the symptoms of mold exposure, they should seek immediate medical attention.

What type of lawsuits do toxic exposure attorneys take?

Most attorneys who specialize in the field of toxic exposure are willing to take on individual and class-action lawsuits on behalf of consumers injured by exposure to hazardous mold and chemical substances.

What is class action lawsuit?

Most attorneys who specialize in the field of toxic exposure are willing to take on individual and class-action lawsuits on behalf of consumers injured by exposure to hazardous mold and chemical substances.

image