Across the US and in particular California, toxic mold has become a growing concern in most residential and commercial properties. In fact, mold injury suits are no longer unique in the courtrooms. Mold injury mainly occurs in offices and rental premises that are in poor conditions. Currently, there are 10,000 mold injury cases filed in the United States’ cities California included. California is among the pioneers regarding toxic mold. Under the Toxic Mold Act of 2001, the state department of health services was tasked with determining the permissible mold exposure limit and then devising measures for gauging the risk it poses. The same act demands that the landlords and all those who sell commercial and residential properties have to inform the current occupants in writing any present and past presence of mold in the property.
Our Californian Personal Injury Lawyers Can Help
We know how hard it can get to handle insurance and the legal case while at the same time getting medical treatment. Johnson Attorneys Group has an experienced California lawyer who will help you with your insurance claims and prove the case while you focus on getting medical treatment. Even if you have no medical cover, we will find you a medical doctor who’ll attend to you.
Mold Exposure Health Risks & Other Damages
Mold thrives in high moist or humid areas. As mold reproduce, they release spores which pose a huge risk to the health of the residents as well as any materials. Individuals sensitive to spores and fragments end up with severe allergic reactions. Mold weakens the immunes system of the victims making them even more vulnerable to infection from the mold and other opportunistic condition such as skin diseases including athlete's disease and yeast infection. According to the National Institute for Occupation Safety (NIOSH), Individuals exposed to mold for a long time will exhibit the following symptoms:- Nose bleeding
- Chronic fatigue
- Headaches
- Dry, itchy skin
- Shortness of breath
- Miscarriages
- Fogginess
- Tremor
- Cancer
- Dizziness
- Nausea
- Heart palpitations
Filing a Mold Injury Lawsuit
If you develop health problems, lose property or any sustain any other loss due to mold infestation in a commercial or residential property, then the law allows you to file a legal claim. A mold injury case requires that you provide compelling evidence to increase the chances of settling the case. It means documenting everything including the accurate date the injury occurred, photos of the mold-infested parts, receipts and bills of inspections, medical appointments, reports and all records.Who Is Liable for Mold Injury?
In most cases, mold infestation and subsequent infection result from negligence. It’s the duty of the property owners or managers to maintain the condition of the property. Your attorney has to prove that by failing to address the mold problem in time, the property owner or manager was in breach of duty. Under the California toxic statute, the landlord and the property dealers have to inform the occupants of the past of current mold infestation. The seller will be accountable for the mold injury where the plaintiff wasn't told before occupying the property. Also, the builders and contractors may be culprits if they failed to disclose the possibility of mold growth even with enough knowledge. Lastly, the company that provided subpar building supplies likely to encourage mold infestation may be held accountable.Settling a Mold Injury Case
If you win a case, you'll be compensated for the injuries sustained, and losses suffered. In most cases, the court will grant you damages for income lost due to days off, cost of medical bills, property ruined, repairs incurred, inspection costs, physical & emotional pain and suffering.Frequently Asked Questions for Toxic Mold Injury Lawyer in California
The term toxic mold is used to refer to mold that cause adverse reactions in people, including asthma, respiratory illness and other life threatening problems. The term itself is not accurate since all molds, toxic or otherwise, may cause health problems when in high enough concentrations. Similarly, certain types of mold can produce toxins without being toxic themselves. Mold thrives in warm, damp and humid environments and can cause property damage.
In order to file a toxic mold lawsuit, you must have legal standing. The most common groups of people who file the claims include:
Tenants: Tenants can bring suits against landlords, building managers and ownership companies if mold exposure causes health issues. This could be due to materials that are prone to molding or poor building maintenance.
Homeowners: Homeowners can file a suit against the homebuilders, mold inspectors, real estate brokers or other people whose actions caused the mold issue.
Other parties: These include employees, parents of children and government agencies can also bring a toxic mold lawsuit.
The success of any claim will depend on the quality and quantity of evidence presented. Evidence such as documentation of the mold, medical evidence to prove the relationship between mold exposure and your health issues, disclosure statements that failed to disclose the presence of mold and proof of expenses incurred as a result of mold exposure. A toxic mold attorney will help to gather the relevant evidence to ensure you build a strong case.
The results of any lawsuit will depend on the specific circumstances of the case. Some of the factors that will determine the damages you recover include the extent of mold growth, the severity of the reaction to the mold, the costs associated with treating the condition and repairing your property. Both economic and non-economic losses will be considered when calculating compensatory damages. However, you will have to prove injury, showing the link between toxic mold and the health conditions you experienced as a result.
Toxic mold cases can be complex, involving multiple areas of law. An attorney for mold exposure has the technical expertise required to ensure your claim is successful and that you get fair compensation. A knowledgeable and experienced legal professional will advise on the best course of action, negotiate on your behalf and represent you in a court of law if necessary.
Mold spores can get into the nose and cause a wide range of reactions and health issues. Some of the common signs and symptoms of mold infection include:
● Coughing
● A stuffy nose
● Wheezing
● A runny nose
● Itchy skin or eyes
● Nosebleeds
● Sore or itchy throat
Mold exposure can also worsen the symptoms of other conditions such as asthma and respiratory allergies. The infection can cause:
● Headaches
● Persistent coughing
● Allergic reactions
● Inflammation of sinuses
● Difficulty breathing
● Frequent chest colds
In case you fall ill as a result of toxic mold exposure at work, you can pursue your employer. However, you cannot file a lawsuit against them but will instead file a workers’ compensation claim. A personal injury lawsuit will only become necessary if the employer was aware of the problem. A mold exposure attorney can help with your case.
