Toxic Mold Injuries Possible Damages

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A toxic mold contamination is often costly in itself. There is testing, occupant relocation, cleanup, replacement of any damaged materials. An illness adds a new host of costs to this list. 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 that of either an allergic reaction or flu virus. These may include sneezing, headache, fever, couching, 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 with prolonged exposure to the toxic mold, in infants, the elderly, and people who already have a compromised immune system. The care and treatment of such injuries can make the damages in a toxic mold case increase greatly.

Damage awards are meant to make the victim whole, therefore, toxic mold injury sufferers can recover for more than the cost of his medical bills. He is entitled to lost wages and relocation costs. The courts may also award him the monetary value of his lost productivity due to a chronic illness caused by the mold. Pain and suffering are also attached to, especially if the plaintiff was forced to live with his injuries 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 it 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 needed to make the defendant understand the gravity of his negligence.

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 compensate the person injured by the toxic mold. Several factors go into deciding damage awards, so consult a good attorney to gauge what your case’s damage potential.