west des moines attorney who won mold lawsuit

How do you win a mold case?

In order to establish causation, the plaintiff must prove both “general causation,” that the particular species of mold is capable of causing the plaintiff's specific injury, and “specific causation,” that the plaintiff was in fact exposed to a dose of the alleged toxic mold sufficient to cause the plaintiff's injury.

What type of tort could you claim if your home has toxic mold?

Builder or contractor. If the mold infestation is the result of shoddy construction or materials or a failure to install proper ventilation, you may have a legal claim against the builder, general contractor, or one or more subcontractors for negligence (the failure to be reasonably careful).

Is mold Toxic Tort?

Toxic mold generally occurs because of water intrusion, from sources such as plumbing problems, floods, or roof leaks. It is this ageless life form that has spawned a new species of toxic tort claims and has had legal and medical experts debating the complex health implications that follow.

Can you sue if you get sick from mold?

If you're made sick by toxic mold, you may be able to sue for the failure to disclose or for negligence.

What are symptoms of mold exposure?

The most common symptoms of mold exposure include:Coughing.Postnasal drip.Sneezing.Dry, scaly skin.Itchy eyes, nose, or throat.Nasal congestion.

What is a toxic tort case?

A toxic tort is a subcategory of torts involving injuries to plaintiffs caused by toxic substances. Such cases are often brought under the doctrine of product liability.

What are acceptable levels of Cladosporium?

200-500 spores – the most common species (Penicillium/Aspergillus, Cladosporium and Curvularia) are typically not an issue and stay within the normal range. 500-1500 spores – sometimes the Penicillium/Aspergillus & Cladosporium levels are in this range and do not require remediation.

Can I break my lease because of mold in Texas?

Without an agreement, a court finds that the mold condition materially affects the physical health or safety of an ordinary tenant and lets you: end your lease, or. get a court order requiring mold removal.

What is the key to successful mold litigation?

The key to successful mold litigation is a solid connection between the mold exposure victim’s health and the contaminated environment. Most law firms feel that obtaining medical damages in mold lawsuits are too complicated, take too long to settle, are far too expensive to litigate, or are even impossible to prove.

What is the first step in mold litigation?

The first step in successful mold litigation is collecting the correct types of environmental samples. This is a priority to ensure no evidence can be concealed, lost, or tampered with. We have developed a custom panel of testing like no other environmentalists in the country. With more than five-hundred mold service professionals, and testing technicians across the country rapid scheduling and getting a technician out to your structure is our number one priority.

Can mold damage a home?

Homeowners as well as renters will always have property damages. When you have a mold contaminated structure, the mold spores get into your contents such as sofas, televisions, bedding, and your clothing. The unfortunate fact is that without treating your belongings, you run a high risk of cross-contamination to any new home or apartment, essentially bringing the mold problem you thought you had escaped right along with you. A pack-out estimate is needed to establish the cost of the remediation/cleaning of your belongings. These costs will be added to your damages as property damages.

Can mold cause respiratory problems?

These symptoms can range from moderate hay fever-like symptoms to severe respiratory problems resulting in hospitalizations. It is not uncommon to see one individual of a household more severely affected than another.