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Consumer Protection

DEALING WITH INJURIES CAUSED BY TOXINS

     People are often exposed to toxic substances that make them ill. These substances can come from drugs and other consumer or industrial products, and can be found in the workplace or even at home. These substances can disturb the body’s normal functions causing toxic injuries. The injuries may range from mild (e.g., sneezing) to severe (e.g. coma) to fatal (i.e., death). The symptoms of the injuries may show immediately or they may show years later. The exposure may be short-term or long term.

     One of the most overlooked sources of a toxic injury is the home. Why would anyone think that the walls that house and protect them are slowly killing them? It is, however, a fact that mold injuries have become very common the past few decades.

     Toxic Mold
     Mold is a microscopic fungus that grows in warm, moist areas both indoors and outdoors. Mold spores are airborne and carry mold throughout the environment. They grow on wood, carpets, and other materials which they then consume allowing them to multiply quickly. Not all molds are toxic but the toxic ones produce a substance called mycotoxin, which scientists believe cause the majority of mold-related health problems. The most harmful variety of mold is Stachybotrys, or black mold. This type of mold is often found in water-damaged building materials.

     Every homeowner or building owner who experience water damage should bear in mind that mold contamination results from water damage that is not timely cleaned up. Mold can develop within 72 hours from the time the water comes into contact with walls, carpets, and wood floors. When flooding occurs, restoration contractors should be hired immediately to dry up the flooded areas and to tear up and dispose of the carpet and wooden floors that cannot be saved.

     Mold-related health issues range from mild symptoms such as stuffiness, eye irritation, and minor breathing discomfort to serious symptoms such as fever, severe allergies, skin rashes, and various respiratory ailments. Long-term exposure to toxic mold may cause irreversible damage to the respiratory and neurological systems.

     The Role of Insurance
     For homeowners, water damage resulting from fires and floods are risks generally covered by a homeowners insurance policy. The homeowner must immediately report the water damage to the insurance company so that the needed emergency response can be done. If the report to the insurance claims office is unreasonably delayed, the delay may negatively affect the claim. By reporting the loss to the insurance carrier immediately, the insurer is given the chance to start responding to the loss and to mitigate the loss. A delay in reporting the loss could result in worsening the loss for which the insurer will refuse to be held responsible. In this case, if the water damage is not remediated within 72 hours and mold starts growing and spreading throughout the house, the insurance company will likely refuse to pay for this additional damage.

     There are other parties who may be responsible for toxic contamination in the homes or buildings. These parties may include builders, developers, contractors, subcontractors, architects, landlords, construction managers, toxin removal contractors and other entities. In order to find out the party liable, an investigation may need to be conducted. This is one of the major issues in toxic injury litigation. Toxic injury cases, including mold injuries, can be very difficult and expensive to prove. Several expert witnesses may have to be hired in order to build a case. The process can become expensive and time-consuming.

     Because of the complex and highly technical issues involved in toxic injury litigation it is very important to find an attorney who has the resources and expertise to properly litigate the case. This cannot be overemphasized. Hiring an experienced attorney immediately after the injury ensures that valuable evidence and witness statements are taken and preserved. An injured person may be unable to afford an attorney to pursue a claim. However, the contingency fee system offers an avenue for people who would otherwise not be able to hire a lawyer to receive legal representation.

© Law Offices C. Joe Sayas, Jr.