Environmental claims address types of toxic mold that can cause injuries or illnesses. One type of claim that may lead to compensation is exposure to harmful mold. This type of personal injury case arises out of circumstances in which negligence is the cause of exposure.
Types of Toxic Mold
Although there are different types of toxic mold that could be harmful to people, four common types are:
There are various health concerns associated with these molds.
Stachybotrys chartarum (also known as stachybotrys atra) is a mold that is greenish-black. It tends to grow on certain types of materials such as dust, paper, lint, fiberboard (material comprised of plant fibers and wood chips, compressed into sheets and used in flooring) and gypsum board (drywall material used on walls and ceilings).
This mold is especially harmful to individuals with lung disease and allergies. It can cause fever, difficulties with breathing, and fungal infections in the lungs.
There are different types of toxic mold in the aspergillus family. Less serious (but still a health concern) is allergic bronchopulmonary aspergillosis (ABPA), which causes coughing and wheezing. A more severe type is invasive aspergillosis, which can lead to tissue damage. Although it mostly affects the lungs, aspergillosis may spread to other internal organs.
Although alternaria can originate from outdoor sources, it most often grows indoors. It can cause severe allergic reactions for those who have asthma or rhinitis. Extreme sensitivity to the mold could even be fatal for those with asthma.
Cladosporium can be found indoors or outdoors. Although there are different types, it usually grows on moist building materials. Cladosporium can cause chronic asthma and allergies, which can affect people all throughout the year.
All of these molds can be found in homes, on construction sites, in buildings, schools and places of employment. Although some may be located on specific types of materials, mold tends to grow in moist areas.
Filing an Environmental Claim
The circumstances in which the mold exists will determine who can be liable. If exposure is from a construction site, responsibility may be with a roofer, framer or contractor.
Property owners (residential and businesses) may be named in a claim. Or, the manufacturers and suppliers of materials that contain any of these molds.
Once it has been established which party (or parties) is going to be named in an environmental claim, next is to determine the types of damages that have been suffered. One of the more obvious is the medical expenses tied to the illness or injuries, which may include future medical costs.
If injuries or illness have prevented someone from working, lost earnings may be recovered. In addition, if the person can no longer work because of the mold-related injuries, there is the potential to receive future earning potential.
Other types of damages that could be addressed in an environmental claim include pain and suffering, disability, emotional distress and more. Talking with a Long Island personal injury attorney in New York can help injured victims better understand their rights.
At Gacovino, Lake & Associates, you can find a knowledgeable Long Island personal injury attorney in New York who are concentrated in environmental cases. We may be able to assist with the filing of a claim in a case for types of toxic mold.
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