Mold

Have You Been Injured by Exposure to Toxic Mold?

Seek Free Legal Advice From an Injury Lawyer

Exposure to mold can often cause serious health problems, particularly to infants or people with allergies or decreased immune systems. Most of the people exposed to toxic mold do not realize that they have been exposed. Exposed persons may have symptoms that mirror allergies or a cold; other symptoms in more serious exposures include nosebleeds, fatigue, diarrhea, and muscle pains. Exposure over long periods of time can be fatal. Mold often forms in damp places, particularly in places where there is frequent rain and/or humidity.

Toxic mold not only poses a serious threat to your health, but can also cause physical damage to homes and properties, resulting in costly repairs as well as medical bills. Frequent exposure to damp or humid environments may result in mold exposure, since these are the conditions under which mold growth is most rampant. Exposure to mold can result in a variety of health effects, ranging in severity from experiencing a stuffy nose to a full-blown asthma or respiratory attack with fever. This is a rarely-talked about issue; however, most people find themselves affected by exposure to mold in their lifetime to some degree.

What are the Statistics on Mold Exposure?

Exposure to mildly harmful and toxic mold is extremely common. Victims of mold exposure may have varying reactions to it, however. A person with allergies, respiratory illness, or an immune disorder is much more likely to suffer from exposure to mold than someone without.

Let’s go over some important mold-related statistics:

• Around 20% of asthma cases in the United States can be attributed to mold exposure (EPA and Berkeley National Laboratory).
• At least 45 million buildings in the United Stats are estimated to contain unhealthy levels of mold (Moldy).
• Infants exposed to mold are at significantly higher risk of becoming asthmatic (Michael Pinto).
• According to the Mayo Clinic, 93% of chronic sinus infections have been attributed to mold.
• It’s estimated that just under half of all asthma episodes are triggered by exposure to mold, dust mites, or rats (Center for American Progress).
• Removing mold from a property and repairing resulting damages can easily cost thousands of dollars (Houselogic).

Who is Responsible for Damages Due to Mold?

There are proven ways to control mold growth indoors, including controlling humidity, fixing leaks promptly, cleaning and thoroughly drying the property after flooding, and providing proper ventilation in areas where water vapor is common (i.e. bathroom, kitchen, laundry room).

The litigation process for toxic mold lawsuits can be complex, and often involves multiple parties. Additionally, specific types of medical and scientific expertise will be needed to prove and support a toxic mold lawsuit. Unfortunately, most homeowners insurance has a mold exclusion, which means it may not pay for damages that occur as a result of mold. To file a mold lawsuit, there must be proof that the harmful exposure to mold could have been prevented if not for the negligence of a liable party. Depending on the circumstances of your exposure, several parties may be involved in your particular case. These may include:

• Building owner/landlord. If a building owner or landlord has not taken the proper steps to prevent mold growth on their property, they could potentially be held liable for ensuing damages to their tenants due to their negligence.
• Property management companies. If a property management company fails to inspect and treat a mold issue within one of their properties, and a tenant experiences adverse effects on their health or property as a result, the property management company may be liable for damages.
• Commercial facilities managers. Like property management companies, when a commercial facility manager fails to attend to or provide proper maintenance regarding the presence of mold in a commercial facility they are in charge of, they can be held liable for any damages which occur to a person’s health or property as a result.
• Employers. If an employer failed to provide a clean environment for its employees and someone suffered an injury or damages due to mold exposure as a result, the employer may be guilty of negligence and can be held liable. Similarly, if an employer requires its employees to work around mold (i.e. construction) but fails to provide adequate personal protective gear, the employer may be liable for any damages incurred to an employee’s health or property.

Do You Have a Claim for an Injury Caused by Mold?

Depending on the nature of you or your family member’s damages due to mold exposure, your lawyer may identify possible claims for:

• Medical expenses. Injuries resulting from mold exposure may include: respiratory problems; flu-like symptoms; headaches; skin irritation; asthma episodes.
• Repairs. Removal of mold usually requires the destruction of any infected materials, which may include sheetrock, floorboards, and furniture. Repairs to parts of the building damaged by mold can cost several thousand dollars.
• Lost wages (or impairment of earning capacity) as a result of hospital stay-time for severe reactions to mold, or, for the loved one of a severe mold exposure victim, the necessity to temporarily or permanently extricate themselves from work in order to provide care. Workers’ compensation may also be claimed if toxic exposure occurred at work.
• Lifecare expenses, such as life support or ongoing medical expenses for chronic injuries.
• Pain and suffering, for both emotional and physical distress.
• Loss of consortium and loss of care and companionship
• Wrongful death.
• Funeral expenses.

If you were injured by toxic mold exposure or if a loved one was killed by exposure to mold, you need a personal injury attorney that understands the emotional and physical toll toxic mold can take on someone’s life. An experienced attorney will be aggressive in seeking the compensation that you deserve.