Toxic mold can cause serious, permanent, and disabling health problems. Mold is a type of fungus that reproduces by producing countless spores. Mold growing inside a building produce spores and toxic chemicals that pollute the indoor air and create a health hazard to the occupants. Exposure to mold spores often results health problems including allergy, rhinitis, allergy and asthma. Some species of mold release mycotoxins. Mycotoxins are substances that may be toxic to humans and can cause serious systemic injury. Examples of mycotoxins are Aflatoxins from Aspergillus flavus, Trichothecenes from Stachybotrys arta, and Ocratoxin from Penicillium cyclopium.
There are many species of mold; although some produce potent toxins, others may produce innocuous substances. For further information on toxic mold, please continue reading this FAQ or click here to visit the toxic mold resource area of this website.
Phares Heindl, formerly chemical engineer, is a Board Certified Civil Trial Lawyer with over twenty years experience. To ask a specific question or obtain a free evaluation of your case, email Phares at inquiry@heindllaw.com . All information provided is strictly confidential.
Mold is everywhere. However, mold growth is most prolific in moist environments. Therefore, buildings that have water leaks, or other moisture problems will be particularly susceptible to mold contamination. Many commercial buildings and residential dwellings are built very tight for energy conservation and have an inadequate fresh air supply causing mold spores and mycotoxins to become concentrated in the indoor air.
Contaminated buildings may have a stale, musty odor. In addition, mold can sometimes be seen growing on baseboards, air vents, ceiling tiles or other places especially where moisture accumulates. However, many times mold will grow within the walls and cannot be seen. However this invisible contaminate may release spores and mycotoxins into the indoor air.
Unfortunately, the first indication of mold contamination may be the manifestation of illness to the occupants of the building. Symptoms may include, itchy eyes, rash, flu, wheezing, breathing problems, memory loss, and fatigue. If you suspect that your home or workplace is contaminated with toxic mold, you should avoid prolonged exposure to the indoor air until testing and removal of the mold source. For further information on toxic mold, please continue reading this FAQ or click here to visit the toxic mold resource area of this website.
Phares Heindl, a formally a chemical engineer, is a Board Certified Civil Trial Lawyer with over twenty years experience. To ask a specific question or obtain a free evaluation of your case, email Phares at inquiry@heindllaw.com . All information provided is strictly confidential.
First and foremost, avoid exposure to a contaminated premises! Remaining in a contaminated area can lead to serious and permanent damage to your health.
If you believe your workplace is contaminated you should notify your employer and the owner of the building immediately . If you are ill or believe you have suffered damage to your health you should file a report of injury in order to preserve the right to bring a workers compensation claim. In addition you should seek treatment with a physician familiar with mold related illness.
If your employer fails to take your complaints seriously you should contact your local public health agency. IT may be possible to locate a governmental agency to inspect or test your workplace.
In some cases it will be necessary for you to retain a qualified testing company, toxicologist or industrial hygienist to test the contaminated premises . In addition, for initial screening purposes there are test kits that can be purchased that will allow you to gather samples and return the samples to a laboratory for testing at nominal fee. These laboratories will be able to determine the type of mold and provide information on its potential toxicity.
Homeowners who suspect toxic mold growth inside their home should immediately notify their insurance companies. Tenants should notify their landlords in writing and request that the mold be removed and that the growth source be eliminated.
Unfortunately, if you develop an allergy or suffer toxic injury as a result of mold exposure, simple removal and remediation may not resolve your health problems. A person sensitized to mold will suffer allergy type reactions to lower concentrations of mold than encountered in the contaminated environment. Also, damage by mycotoxins given of by mold can cause irreversible systemic damage.
Remember the simple proverb - an ounce of prevention is worth a pound of cure. If you experience a water leak, have flooding, or suspect other sources of excess moisture, dry the area and remove the source of the moisture before mold takes hold and invades your home. Remember, a water leak may result in excessive mold growth in areas that cannot be observed. Serious water damage may require the removal of drywall or other surfaces to eliminate the source of the mold growth.
If the mold is in a limited area and you want to remove it yourself, consult the Environmental Protection Agency guidelines at www.epa.gov The EPA advises using an N-95 respirator mask that can be purchased at a hardware store, safety goggles and rubber gloves. Plan how to keep the spores from spreading through the air when you move the surface (for instance, misting the surface lightly with water) and prepare to put the surface in a sealed plastic bag for disposal. It can go out with the regular trash.
For further information on toxic mold, please continue reading this FAQ or click here to visit the toxic mold resource area of this website.
Phares Heindl, a former chemical engineer, is a Board Certified Civil Trial Lawyer with over twenty years experience. To ask a specific question or obtain a free evaluation of your case, email Phares at inquiry@heindllaw.com . All information provided is strictly confidential.
Many homeowners insurance policies specifically exclude coverage for mold. However, water leaks being a primary cause of mold growth often result from a covered losses under the insurance policy. If mold growth results from a covered loss, your insurance company should be responsible for remediation. However, if your homeowners insurance company takes prompt and immediate action, it may not be responsible for health damage caused exposure to toxic mold. If your insurance company ignores your claim or delays processing your claim causing additional damage, in some jurisdictions your insurance company will be liable for additional damages under the law of "bad faith".
In Florida, to perfect a claim for first party bad faith, a civil remedy notice must be filed. A policyholder cannot obtain damages over and above coverage specified by the policy unless the insurance company has a chance to cure its bad faith within sixty days of receipt of a civil remedy notice! The civil remedy notice should be completed as soon as the insurance company denies or delays a claim! Remember no formal notice-no cause of action for bad faith.
A link to the Florida civil remedy notice can be located on this website under the resources for " Insurance Disputes." If your insurance company is denying or delaying your claim, you can print out the notice, complete it and send it to the Department of Insurance according to the instructions on the form. Better yet, locate a qualified attorney to represent you. If your insurance company is denying coverage for your claim, Florida law requires that the insurance company pay fees to your attorney if your case is successful.
However, the responsibility of an insurance company depends upon the language in the policy as well as the law of the state where the policy is enforced. It is necessary to consult with an attorney to determine the coverage available under your homeowners policy. For further information on toxic mold, please continue reading this FAQ or click here to visit the toxic mold resource area of this website.
Phares Heindl, a former chemical engineer, is a Board Certified Civil Trial Lawyer with over twenty years experience. To ask a specific question or obtain a free evaluation of your case, email Phares at inquiry@heindllaw.com . All information provided is strictly confidential.
There are many types of cases that can arise out exposure to toxic mold. For example, a homeowner may have a case against his insurance company for the cost of remediation for his home. A tenant may have a case against the landlord, management company or building owner for failing to adequately maintain the premises. An employee may have a workers compensation claim in addition to a case against the owner of a building that was contaminated by toxic mold. In addition architects, contractors, remediation companies and material supplies may be liable.
In order to obtain an attorney, It is not enough for to technically "have a case" , the case must also be economically feasible to justify the time, effort, and expense required to pursue the potential parties. Due to the economic realities associated with the pursuit of a toxic mold case, the value of the case should of sufficient magnitude to justify extensive and costly litigation.
Nevertheless, some cases that would not otherwise be economically feasible, may be accepted by an experienced attorney because of state laws that "level the playing field" by requiring an insurance company to pay attorney's fees for an insured that successfully sues his homeowners insurance company. In Florida, an insured is entitled to recover attorney's fees from his homeowners insurance company if he establishes coverage for toxic mold damage. For further information on toxic mold, please continue reading this FAQ or click here to visit the toxic mold resource area of this website.
You should seek the assistance an experienced attorney determine if you "have a case". Phares Heindl , a former chemical engineer, is a Board Certified Civil Trial Lawyer with over twenty years experience. To ask a specific question or obtain a free evaluation of your case, email Phares at inquiry@heindllaw.com . All information provided is strictly confidential.
It is not always easy to locate a qualified attorney willing to accept a toxic mold case. Most cases are handled on a contingent fee basis. Under a contingent fee, the attorney receives a percentage of the damages collected and receives no fee if the case is not successful. Therefore, in the case evaluation, an attorney will weigh the difficulty of the case against the potential for recovery. In effect, the attorney is making an investment of time and money instead of simply selling his legal services. Therefore, the prospective attorney must make a risk- benefit assessment of the case. The initial case evaluation may take some time and may involve reviewing reports from technical and medical experts.
A general search on the internet may yield the identity of an attorney with the ability to handle your case. In addition, there are legal organizations that provide member listings and case referrals. The primary organization for trial lawyers in the United States is the Association of Trial Lawyers of America ( ATLA ). ATLA has a web site with a list of members throughout the United States. For further information on toxic mold, please continue reading this FAQ or click here to visit the toxic mold resource area of this website.
Phares Heindl is a former chemical engineer and is Board Certified Civil Trial Lawyer with over twenty years experience. To ask a specific question or obtain a free evaluation of your case, email Phares at inquiry@heindllaw.com . All information provided is strictly confidential.
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