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According to the Federal Emergency Management Agency, mold and mildew will begin developing within 24-48 hours of water exposure. Once it begins, m...
The Environmental Protection Agency warns that the failure to remove mold infestation, and the contaminated materials associated with its growth af...
Since mold grows rapidly, it can infest personal belongings, including furniture, beds, blankets, towels, and even clothing quickly ruining the art...
Our experienced mold damage claims lawyers in Florida understand that most insurance policies do not cover mold damage. In fact, some directly excl...
Hurricanes, storms, busted pipes, and rising sea waters in Florida can cause damp, wet, and even flooded conditions in the homes of our residents, which can lead to severe mold damage that not only jeopardizes our property but our health.
According to the Federal Emergency Management Agency, mold and mildew will begin developing within 24-48 hours of water exposure. Once it begins, mold will continue to grow until the proper steps are taken to eliminate the source of the moisture.
Our experienced mold damage claims lawyers in Florida, Mississippi, Louisiana and Puerto Rico understand that most insurance policies do not cover mold damage. In fact, some directly exclude it, making the financial recovery process even more difficult for our residents.
The Centers for Disease Control warns that if homes are flooded or contain wet carpets, floorings, or furniture for more than the 24-48 hour period outlined by the EPA, the homeowners should assume the presence of mold exists and take immediate action to remove the contamination before re-occupying the home.
Common health complications associated with mold can include, but is not limited to: 1 Aches and pains 2 Eye irritation that causes burning, watering, and redness 3 Lethargy 4 Nasal and sinus congestion or dry, hacking cough 5 Nervous system problems, including headaches, memory loss, and mood changes 6 Nose or throat irritation 7 Respiratory problems, including wheezing and asthma attacks 8 Skin irritations, including rashes or hives
Mold cannot exist or grow without wet conditions, making the source of the mold the cause of your insurance claim. The insurance company will certainly fight this logic and remain steadfast in their stance that mold is not covered in your policy. Before you accept their unreasonable approach to denying your mold damage claim, ...
The problem is, most residential and business insurance policies exclude coverage for mold damage, placing residents and business owners in a frustrating position. If the flooding was caused by a storm, and mold resulted from the flooding, your insurance company should be held responsible for the water damage coverage your policy contains.
The practice of commercial real estate litigation concerns income-producing real estate properties and projects of a wide variety, including office buildings, retail centers, apartment buildings and condominium developments, hotels, and industrial and specialty properties. Litigation can arise in any aspect of these projects from acquisition and financing to development and construction to management and leasing. The disputes can be as varied as the parties and the projects themselves.
Top-tier lawyers in the area should have a comprehensive understanding of the contractual relations, business goals, and equitable and tort concepts attendant to the entire project. Practitioners may find themselves in state, federal, or bankruptcy courts, or, particularly in construction disputes, in arbitration.
When it comes to finding a mold litigation attorney for your personal injury claim, only a handful of law firms throughout the country have the mold law experience that we have at SCOTT N. GELFAND, P.A.
For over 20 years, our experience in mold personal injury cases has obtained either monetary verdicts or settlement recovery for our clients. We have represented scores of clients in mold cases including:
If you have been trying to find an attorney who specializes in mold personal injury law, contact the law office of Scott N. Gelfand, P.A. today! We represent clients throughout South Florida.
The main defense focus is on convincing the court to exclude the plaintiff’s proposed “expert” testimony as scientifically unreliable. This is a real possibility in light of the lack of scientific consensus regarding mold toxicity and the questionable methodology utilized by many environmental sampling firms.
Toxic mold is different from regular mold. It normally exudes a dank, musty odor. It’s also capable of producing mycotoxins. Among the types that are considered toxic and which are the subject of most lawsuits, are: Stachybotrys chartarum, Aspergillus and Penicillium.
Mold cases start with blaming the defendants for creating the moisture that allows mold to grow. Some cases however, also allege knowledge and failure to disclose, and others allege failure to repair or eradicate the mold properly once it’s discovered.
Common causes of water or moisture problems resulting in mold growth include: roof leaks; delays in proper building maintenance; condensation from heating, ventilation, and air conditioning systems; condensation associated with high humidity or cold spots in a building; flooding from plumbing failures or heavy rains; slow leaks in plumbing fixtures and pipes; and the malfunction of humidification systems.
There are over 10,000 species of mold. Around 100 can cause allergies in humans, and approximately 50 are pathogenic (i.e., they can grow inside the human body). About 50 are capable of creating “mycotoxins,” which are released by the mold and cause toxic reactions in healthy individuals.
Plaintiffs in mold litigation allege a variety of illnesses and adverse health effects: from headaches, nausea, fatigue, asthma, hay fever-like symptoms (runny nose and scratchy throat) and respiratory problems, to fibromyalgia, chronic fatigue syndrome, reactive airway dysfunction syndrome, difficulty with memory and other cognitive functions and even cancer. The more common allergic reactions in individuals are coughing, sneezing and breathing problems. The soft tissues around the nose, mouth, trachea, and lungs are extremely vulnerable to mycotoxin contamination.
Once inside, mold can contaminate anything in the surrounding area including clothing, furniture, and works of art. Once contaminated, these items usually have to be destroyed. Building materials and fixtures are also fertile ground for mold growth.