Toxic Mold Injuries Possible Damages
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Toxic molds produce chemicals during their natural growth that are classified as toxins or poisons. The types that have been found to have profound effects on human health, are given the name toxic mold.
A toxic mold contamination is often costly in itself. They are costs associated with testing, occupant relocation, cleanup, and replacement of any damaged materials. If illness has been contracted from the presence of toxic mold, the cost goes even higher. It also raises the price tag on other damages that might be awarded in a toxic mold case.
Illnesses that result from a mold contamination are usually mild. The symptoms resemble those of either an allergic reaction or flu virus. These may include sneezing, headache, fever, coughing, vomiting, diarrhea, and fatigue. Prolonged exposure to toxic mold can result in more severe, even fatal illnesses, such as pulmonary hemorrhaging, brain damage, liver damage, severe asthma, and a weakened immune system.
The most severe cases are found in those who have had prolonged exposure to the toxic mold, such as infants, the elderly, and people who already have a compromised immune system. The care and treatment of such injuries can make the damages increase greatly in a toxic mold case. People are exposed to some amount of mold everyday. When mold is growing on a surface, spores can be released into the air where a person can then inhale them. A person who is subject to inhaling a large amount of these spores may be subject to some medical damage.
Damage awards are meant to compensate the victim; therefore, toxic mold injury sufferers can recover for more than the cost of medical bills. They are entitled to lost wages and relocation costs. The courts may also award monetary value for lost productivity due to a chronic illness caused by the mold. Pain and suffering are also compensated, especially if the plaintiff was forced to live with toxic-mold illnesses for an extended period of time before receiving some sort of relief treatment, relocation, or eradication of the mold.
Punitive damages are meant to punish the defendant, whether the defendant is a property owner or supplier of faulty materials. Punitive awards are given to the plaintiff based on several factors. In cases of fraud and negligence, the toxic mold contamination is a direct result of the defendant's felonious actions. The illness due to toxic mold is then considered to be a result of those actions. The punitive damages awarded serve as a way to make the defendant understand that his fraudulent or negligent actions caused great harm to another person. These awards can be astronomical, if necessary, to make the defendant understand the gravity of his negligence.
Negligence is the most common reason for compensation in toxic mold cases. Negligence is described as the failure of a managing party to work in the best interest of care, that perhaps another responsible party would use in the same circumstances. It's important to determine if every safety precaution was taken to prevent the exposure to toxic mold, as well to determine what was not done.
The damages in a toxic mold case can be severe and very expensive. Despite the cost, their purpose is to punish the person responsible for the mold contamination, and also to compensate the person injured by the toxic mold. Several factors go into deciding damage awards, so consult a good attorney to gauge your case's damage potential. It is useful to contact an attorney who specializes in these types of cases, and one way to do that is to contact the American Bar Association at their website.
