Who Should You Sue For Toxic Mold Damages
Toxic mold can have all kinds of negative ramifications for your health, so its important to stay away and get it removed as soon as possible if you encounter it in a building you own or an area you work. However, sometimes people dont know theyre being exposed to toxic mold until its too late and theyre already feeling the effects. If you have been exposed and are suffering the consequences for it, you may be wondering who you can hold responsible and file a lawsuit against.
Brain Spect Imaging Helps Treat Brain Toxicity Caused By Black Mold
Kimberlyn had booked a Full Evaluation, which took two days to complete. She filled out multiple questionnaires and history forms, talked to specialized counselors, and finally had a set of SPECT images taken of her brain. Just to really see exactly what was happening to my brain in the SPECT scans and that I do have a toxic injury due to mold was amazing, said Kimberlyn. They did such a good job with all of the evaluations, and they were so thorough. By the end of the second day, Dr. Arsalan Darmal had a whole binder of material that discussed the results of the testing I had done while I was there.
Dr. Darmal and the staff at Amen Clinics Orange County, CA discovered that Kimberlyn also had ADHD and a previous traumatic brain injury that was increasing the effects of the mold injury. When my brain swelled from the mold exposure, I was getting almost no blood flow to my prefrontal cortex, explained Kimberlyn.
Co-occurring conditions that can increase the effects of an injury or illness on the brain are common, yet can be easily overlooked. Kimberlyn was shocked to hear that the brain injury she had suffered in high school was impacting her life today and even more surprised that she had ADHD. The medication for ADHD has made a huge difference in my productivity and ability to focus. That was like the bonus prize that I wasnt even expecting, said Kimberlyn.
Can I Sue My Job For Mold Exposure
You can sue your job for mold exposure if there is a valid claim. If there is mold in your workplace and it has caused sickness, you are entitled to hire an attorney to seek compensation for medical bills or your paycheck if you have missed work without pay. Across the country, there are no federal standards or recommendations for airborne mold in the workplace. Still, employers are responsible for fixing the problem should their staff fall unwell due to the mold.
If your employer fails to take action after being made aware of the situation, you can sue your landlord. Contact an attorney who can help you file the claim appropriately.In the past, employers have won millions of dollars due to mold claims! The amount will vary depending on the severity, but be sure to have as much evidence as possible to help win your case.
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Who Is Responsible For Black Mold
Landlords are required by law to provide proper living conditions for their tenants, free from health or safety hazards, often referred to as an implied warranty of habitability. The standard for habitability is generally defined as the minimum required by your local jurisdictions building code, which addresses the health and safety concerns of tenants. While certain minor problems such as drippy faucets are not considered crucial to habitability, toxic mold certainly is.
Since the landlord-tenant relationship is legally defined through contract , contractual provisions addressing things like plumbing or ventilation defects which may contribute to mold growth would be enforceable. So if the contract states that the landlord is responsible for promptly fixing all plumbing problems, but a leaky pipe eventually leads to black mold growth, failure to fix the problem could lead to a breach of contract lawsuit.
Suing your landlord for black mold should not be the first response upon discovering it in your rental, provided you havent suffered any health problems from being exposed. As with most landlord-tenant disputes, you should contact the landlord immediately upon discovering mold . The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you dont suffer any injuries, a landlords failure to maintain a mold-free environment violates the implied warranty of habitability.
Pain and suffering.
Orlando Black Mold Attorneys
Mold is a type of fungus that feeds off of moisture to grow and spread. While some types of mold are harmless, black mold produces toxins that can cause illness and even death. Depending on where black mold exposure occurs, victims may be entitled to compensation for resulting illness. Black mold lawsuits may become complicated, however, so it is important for victims to find experienced black mold attorneys when pursuing legal action.
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Small Claims Court Lawsuits Involving Mold
If you have mold-related losses , you might be able to sue your landlord in small claims court, if your claim is in the $3,000-$10,000 range, . See the Small Claims Court & Lawsuits section of Nolo’s site for details on small claims court, including how to do the following:
- determine if you have a good case
- write a demand letter to your landlord
- prepare evidence on your mold-related losses,
- present your case in small claims court, and
- collect a court judgment.
Does Insurance Cover Mold Damage
If you have property damage caused by mold, contact your renters insurance agent. Depending on the cause of the mold problem and the type of coverage you have, your insurance might cover the costs of replacing or repairing the damaged property. Keep in mind that your policy might exclude coverage for mold damage that developed over timemany policies wont cover mold-related damage unless it can be tied directly to an event .
If your renters insurance does not cover your specific mold-related damage, the next step is to sue your landlord.
If youve experienced health problems due to mold in your rental, your renters insurance most likely will not cover any medical expenses youve incurred. Rather, youll want to use your own health insurance to cover your medical bills. Keep track of all of your out-of-pocket healthcare expenses, as you will want to seek reimbursement for these from your landlord.
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What Do I Do If I Find Something In My Packaged Food
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Battle Of The Mold Experts
Mold can be found virtually everywhere, including in most homes and otherbuildings. Of the thousands of types of different molds, a few have beenpositively identified as causing respiratory problems and other health issues.Some health experts claim that even more serious illnesses can also result frommold.
With a general lack of government standards and definitive scientificstudies, many mold cases, including those against builders and contractors,come down to a “battle of the experts.” That is, both sides hire an expert onthe health effects of mold to testify that the kind of mold found in theinjured person’s building was or was not capableof causing the plaintiff’s injuries.
The lack of scientific consensus about mold does not mean that the plaintiffwill always lose — plenty of juries have been convinced by the plaintiff’sexpert that mold was the underlying cause of the plaintiff’s ailments, andthose juries have found the defendant liable.
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What Should I Do If I Discover Black Mold In My Apartment
Suing your landlord over black mold shouldnt be your immediate response upon discovering it. Instead, you should call your landlord as soon as you detect it. Additionally, you should write a letter to them to establish a record. Your landlord must remove the mold as soon as possible and reimburse you for any additional costs you have sustained.
Even if you arent injured, a landlords failure to guarantee a mold-free environment violates the implied warranty of habitability. Even if they take care of the infestation, you may still claim damages if you exhibit health problems in the future due to mold exposure.
Unfortunately, if your landlord ignores your concerns, its up to you to pay for an inspection and testing. However, negligent landlords who refuse to investigate the presence of black mold might open themselves up to increased liability.
Black Mold Settlement How Much Is The Compensation For Toxic Mold Exposure In Annapolis
Written by ruxandraon April 7th, 2019
One of the first things people want to know is how much can they expect as a black mold settlement. You should know that there is no clear value for toxic mold exposure in Annapolis. As your toxic mold attorney in Maryland will tell you, it all depends on the particularities of the case. However, in case you have been exposed to black mold, you should get in touch with a toxic mold lawyer from Annapolis. You may have a very good chance at receiving compensation and justice. If you want to know what to expect in terms of black mold settlement, read further. We will discuss about a couple of cases that you may relate to.
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What To Do If You Suspect Theres Mold In Your Unit
If you think you have mold in your rental, the first step is to alert your landlord about the problem in writing. In many states, before you can successfully sue a landlord for mold-related damages, the law might require you to give your landlord a reasonable amount of time to remedy the problem. If your landlord is unwilling to fix the mold problem and you experience mold-related health problems or property damage, youll likely have to take matters into your own hands. Keep in mind that the only way to tell if the mold is toxic is to have it tested by a professional.
Be sure to take pictures to document the extent of the damage or mold growth. If you have health issues, make an appointment with a doctor to get any needed treatment. Always keep any medical records and bills as proof of your visitthese will come in useful if you end up going to court.
If your health is severely affected by the mold, you should consider moving out and into a cleaner rental while you pursue an action against your landlord. Note that if you move out before the end of your lease or rental agreement, your landlord might claim that you have broken your leaseand that youre responsible for the remaining rent.
What Is Black Mold
Black mold is the common name for stachybotrys chartarum. Black mold is characterized by its coloration, which is greenish-black. While not all mold that is black or dark green in color is stachybotrys chartarum, all mold should be treated as though it is toxic to avoid health complications. Black mold requires constant moisture to continue to grow. Black mold grows best on material that has high cellulose content and low nitrogen content, according to the Centers for Disease Control and Prevention.
Materials that are most conducive to the growth of black mold include:
- Paper
- Cotton products
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Will A Chest Xray Show Mold
A chest X-ray or computerized tomography scan a type of X-ray that produces more-detailed images than conventional X-rays do can usually reveal a fungal mass , as well as characteristic signs of invasive aspergillosis and allergic bronchopulmonary aspergillosis.
Is There An App To Test Air Quality In Your Home
Netatmo indoor air quality monitor tests for CO2, temperature, humidity, and noise. The app provides easy-to-read indicators of air quality via an LED strip on the device, and sends notifications to your smartphone. … Key Feature: Connect Several Devices throughout your home and monitor them all with the app.
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Can I Sue My Landlord For Black Mold Exposure In My Apartment
Posted on March 3, 2021 by – Habitability Defects, Mold
If youre subjected to any type of mold exposure, you should be concerned. When toxic black mold is involved you should be even more alarmed, due to its reputation for causing illness. If you have mold in your apartment, you will want to know whether you can sue your landlord for any harm youve suffered.
Does Bleach Kill Black Mold
The EPA does not recommend using bleach to kill or remove mold, except in special circumstances. In fact, recognizing the bleach as a threat, the mold will grow back even stronger. When bleach is used on porous surfaces like drywall or wood, mold membranes will move deeper into the surface to avoid the chemical.
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Mold In Apartments Tenants Rights
Landlords should take toxic mold seriously, just as they would in their own homes. As a tenant, you have rights that may hold your landlord liable for mold exposure. Landlord liability is typically determined on a case-by-case basis and is often decided in court. If you are a tenant who has been exposed to toxic mold, contact the attorneys at WKW for a case evaluation.
How Do You Know If Black Mold Is Affecting You
The most common black mold symptoms and health effects are associated with a respiratory response. Chronic coughing and sneezing, irritation to the eyes, mucus membranes of the nose and throat, rashes, chronic fatigue and persistent headaches can all be symptomatic of black mold exposure or black mold poisoning.
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Can I Sue For Mold Exposure
Whether its a dodgy landlord, the toilet in work no one wants to use, mold lurks everywhere, and exposure often leaves us with coughs or more severe health conditions for people with asthma! Mold can also affect our property too. Once your favorite bag or sneakers, little blue/black dots and that oh so delightful smell mold has infiltrated them and rendered them unusable!
Usually, we are faced with a bill to replace them, and suddenly, no one is there offering to help.
So what can be done? Can we finally take on the fat cats that leave us in these less than safe conditions? Can we sue for mold exposure?
Lets find out if there is a way to rightly get compensated for issues that are nine times out of ten out of our control!
Common Types Of Military Housing Mold
When youre trying to learn more from the CDC and other resources, youll see the word fungus a lot. Mold is a type of fungus, which is something that exists all around us. Fungi are living organisms different from animals, plants, and bacteria. There are over 200,000 types of fungi and over 100,000 types of molds.
If you discovered mold in your military housing, it could be Cladosporium, Penicillium, Stachybotrys chartarum, Aspergillus, or many other types. Stachybotrys is what everyone knows as black mold. Aspergillus is a common indoor fungus, which releases mycotoxins and can cause illness. Your symptoms may resemble common allergy or asthma symptoms.
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Who Can Bring A Toxic Mold Lawsuit And What Evidence Is Necessary For A Claim
In most cases, an individual who has been personally injured by exposure to toxic mold has legal standing. An individual with standing in a toxic mold case usually includes:
- Tenants, or individuals who lease their homes. 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.
- Homeowners may encounter toxic mold issues due to poor construction with mold prone materials, even in newly constructed homes. Homeowners may be able to sue inspectors, homebuilders, real estate brokers, or anyone else who may have caused the mold issue or had a duty to disclose the mold issue
- Employees, who may be able to request workerâs compensation if the exposure to toxic mold in the workplace lead to health problems or disabilities
- Government agencies who may be able to sue contractors and/or inspectors for their employeesâ toxic mold injuries and
- Other parties such as parents of children who were injured because of toxic mold in their home, school, camp or other place, who can sue on the childrenâs behalf.
The success of a claim is depending on the quality and quantity of evidence. In order to succeed in a toxic mold claim, an individual must show:
The best ways to prove these elements are:
Our Michigan Toxic Mold Attorneys Can Help You Today
Being a victim of Toxic Mold Exposure can lead to a lifetime of medical care, discomfort, and distress. As a result of such exposure, you are entitled to compensation for your medical expenses, emotional distress. In addition, you may be entitled to receive compensation for the damages to your personal property and other belongings caused by the exposure.
If you or someone you know has been exposed to Toxic Mold, click the Text Us button on this page, complete our contact form, or call us at 248-258-3500 today to schedule an appointment for a complimentary initial consultation.
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