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Mold Injuries in Florida

houseMold can be extremely harmful to anyone who is exposed to it. In fact, people can sustain long-term or even lifetime conditions as a result of mold exposure. If you or someone close to you has suffered an injury from mold, it is imperative to reach out to a skilled Miami injury attorney who can evaluate your case. At the Law Offices of Robert Dixon, we have helped many South Florida clients resolve their personal injury claims and can help you as well.

According to the Centers for Disease Control and Prevention (CDC), the term “toxic mold” is inaccurate. This is because, in most cases, the mold itself is usually not toxic or poisonous. Large mold infestations can typically be seen or smelled. Some harmful effects of mold exposure include nasal congestion and irritation, eye irritation or wheezing, coughing, breathing issues, headache and fever, and memory loss.

If you have suffered from any disease due to mold contamination at your workplace, home, or apartment, you may be entitled to damages for present and future medical bills, pain and suffering, lost income and benefits, and more. In cases in which you have lost a loved one due to mold contamination, you may be able to seek wrongful death damages, such as funeral and burial costs, loss of earning capacity, and loss of companionship. In rare cases, punitive damages may also be awarded.

In order to recover any type of damages, liability must be established. This typically involves proof that another party’s negligence resulted in the development of the mold. Premises liability will typically be the basis of claims against contractors and developers, suppliers and manufacturers, landlords, and property owners. In some cases, multiple parties may be liable for a mold injury.

A negligence claim requires showing that the defendant’s conduct fell below the standard of care and caused an injury to the plaintiff. The standard of care refers to the way a reasonably prudent person would act in the same or similar circumstances. In order to win on a negligence claim, the following elements must be established:  i) the defendant owed the plaintiff a duty of care; ii) the defendant breached the duty of care owed to the plaintiff; iii) the plaintiff’s harm was a direct result of the defendant’s breach; and iv) the plaintiff sustained damages.

As with any other claim, a personal injury claim must be filed within a certain time frame, known as the statute of limitations. Under Florida law, a plaintiff has four years from the date of an injury to file a lawsuit.

At the Law Offices of Robert Dixon, our Miami premises liability attorneys are committed to helping our clients seek the compensation they deserve for their harm. We are dedicated to victims’ rights and strongly believe that negligent parties should be held accountable for the harm that they cause. You can trust that we will keep you informed about your case at every step of the way. We proudly represent clients throughout South Florida. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or contact us online.

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Fireworks Injuries on the Fourth of July in Florida, South Florida Injury Lawyer Blawg, August 5, 2016