September 16, 2018

Can I Sue My Landlord for Mold?

Personal Injury Lawyer

 

Although toxic mold is a hot topic when purchasing a home these days, it is often overlooked when searching for a rental property. You are basically searching for an apartment or rental home that is in your budget, is a good location for commuting, and in generally good condition. Asking or looking for evidence of black mold is probably not on the top of your priority list of questions. Even if it was, it is likely not evident until the damage is done.

 

What Kind of Health Issues Can be Attributed to Exposure to Black Mold?

 

Black mold can be the cause of serious health issues if you are exposed to it consistently for a period of time. These health issues include:

 

  • Respiratory issues
  • Internal organ damage
  • Skin irritation or inflammation
  • Nausea
  • Mental impairment

 

Black mold tends to be found in damp, dark areas; therefore it is often not apparent until the physical damage has been done. In addition, black mold can cause damage to the property that is expensive to remediate and sometimes not treatable.

 

What Do I Do if I Discover Mold in My Rental Property?

 

Legally, landlords must by law provide suitable living conditions to its tenants, which means there are no safety or health hazards present. The standard that landlords need to adhere to is generally the building codes of the local jurisdiction which details the tenant’s safety and health concerns. Toxic mold is considered a major concern and tenants should not be expected to live in conditions where mold is present and health risk.

 

If you find mold in your rental property, your first step should be to contact your landlord. They are responsible legally to remediate the mold problem and reimburse you for any expenses you incur because of the mold. If after the landlord takes care of the mold you still show evidence of health issues you think may be a result of being exposed to the black mold, you can still claim damages against your landlord. If your landlord disputes your claim that your rental has black mold, you can pay for an inspection of the property and if mold is found after the landlord has disagreed with your claim, it may open the landlord up to increased liability.

 

Can I Sue My Landlord for Damages Incurred Because of Exposure to Black Mold?

 

If you have tried other avenues with no satisfaction, your only option may be to take your landlord to court with a personal injury lawyer St. Paul, MN trusts by your side. Depending on the amount you are asking for will determine whether or not you can resolve your issues at small claims court.

 

Damages you may be able to claim because of black mold may be:

 

  • Pain and suffering as a result of being physically harmed from the mold
  • Lost wages when getting treated
  • Any medical expenses as a result of being exposed to the black mold
  • Destruction of any property you had that was contaminated by the mold
  • Long-term earning potential that may suffer because of your injuries

 

Thank you to our friends and contributors at Johnston | Martineau, PLLP for their insight into personal injury cases and mold in rental units.

 

September 15, 2018

What Should I do if I witness a car accident?

 

If you are witness to a car accident, the first step is ensuring that your own safety is put first. If you are in a car, pull your vehicle to the side of the road (or in a shoulder if one is present), at least 100 feet away from the car accident scene with your hazard lights turned on. By keeping yourself and your car at a safe distance from the accident, you will limit your chances of coming into contact with broken glass, possible flames, leaking fuel, and other car debris that was a result of the accident. Additionally, emergency vehicles will need room to pull up to the scene of accident, and by keeping a safe distance you allow ample room for them to arrive.

Should I contact the police?

If you witness a car accident, you should contact the proper authorities once you have pulled off the road safely. Never assume someone else has contacted 911. Once you reach a dispatcher, be prepared with the following information regarding the accident:

  •      You are a witness to this accident
  •      You and your vehicle are both safe from the accident
  •      The location the accident happened
  •      If you can see that anyone sustained injuries from the accident
  •      How many vehicles you see involved in the accident

Should I get out and help those involved in the car accident?

Although it can depend on the state you are in where the accident took place, you are not typically required to get out of your car to help those who were involved in the accident. However, some states have what is known as a Good Samaritan Act, where the person who chooses to aid those who are victims of a car accident do so in good faith, to either care for, or treat those, in an emergency situation. The person cannot be held responsible for what happens to those that he or she helps, as long as they were acting under what is considered to be a reasonable form of helping others. However, if you increase the risk of injury, death, or make injuries worse, the Good Samaritan Act is not applicable.

Should I submit a statement?

When the police arrive at the scene, expect to make a statement. The police must gather as much information as they can to piece together the accident, and, as an impartial witness, you can provide key information in your testimony. When providing a statement, take care to:

  •      Take as much time as you need to recall what happened
  •      Be clear and give as much detail as you can
  •      Be prepared and willing to provide contact information
  •      Do not assume what either driver was doing if you did not witness it

What’s next?

It is likely you will receive a follow-up call from the police, but it is also possible you will receive a phone call from insurance companies or attorneys seeking further clarification or statements from the accident. In these situations, it is always best to be honest about what happened. By keeping these steps in mind, you can bring clarification to an auto accident scene and help authorities build an accurate story. If you have witnessed a car accident or have further questions on what steps to take, contact a car accident lawyer Chicago, IL trusts from The Law Offices of Konrad Sherinian today.

September 15, 2018

Going Under the Knife: Are You Assured of a Safe Procedure

Patients often have a certain level of trepidation before undergoing a medical procedure. For the most part, surgery and other more minor medical procedures are usually safe, however, there is always the possibility that you may have a medical event during the procedure or worse still, your doctor may make a mistake. It happens, and it happens to thousands of patients every year in the United States.

 

So, how can you avoid being a statistic? Well, it is not so simple. Yes, finding a doctor who is very experienced and has a proven track record is important, but even highly skilled professionals make errors. Personal injury attorneys understand that while the expectation for first-class medical care should be the norm, negligent care from a trained professional means you have received substandard care, for which you should be compensated for the harm that you suffered.

 

Medical Procedures and Their Risks

 

Malpractice is not always attributable to lengthy complicated surgeries, but sometimes routine procedures which go terribly wrong. When a doctor, other medical professional, or medical facility doles out care and treatment below what would be reasonably expected of a similarly qualified professional under the same circumstances, you may have a viable case.

Here are some examples patients should be aware of:

 

  •                     A child with a fever not treated promptly or effectively leading to sepsis and amputations
  •                     Birth defects
  •                     Botched endoscopic or cosmetic procedures
  •                     Improper or inadequate anesthesia
  •                     Incorrect medication prescribed, or incorrect dosages given
  •                     Medical devices causing injury either during or after insertion
  •                     Misdiagnosis or delayed diagnosis of a treatable condition

Unfortunately, the possible scenarios are endless. And while seeking compensation for your injuries is important, so is sending a message to the community at large that medical care needs to be delivered in a competent way so others do not have to suffer the same fate.

 

Understanding the Consent Form

 

Prior to medical procedures, patients or their families are given a myriad of paperwork to complete, one being a patient consent form. This form is essentially a communication from the medical provider that outlines all the risks and benefits of the proposed procedure and what complications would fall within the acceptable risks of the treatment.

If you underwent a procedure and experienced serious injury other than the typical risks you were informed of, you may have an actionable case. Consulting with an attorney to assess your circumstances is advisable.  

 

Legal Options

 

In the event you or a loved one suffers a catastrophic injury at the hands of a doctor or due to a systemic failure to provide competent care at a medical facility, statutory time limitations do come into play. You must file a claim before that date passes, usually within two years from the date of the negligent conduct. In your initial consultation with your attorney, he or she can determine what that date is.

 

Finding the right personal injury attorney to represent you is key. A medical malpractice attorney Naperville, IL turns to from The Law Offices of Konrad Sherinian can truly understand how unfair it is to have experienced a serious but preventable injury. They will fight to win a monetary settlement to compensate for your economic losses, medical and rehabilitation expenses, and your pain and suffering.

June 13, 2018

The Physical & Emotional Trauma of a Bicyclist Accident

As a bicyclist, one of the worst things that could ever happen is getting struck by a car driver who was simply not paying attention, distracted or under the influence while behind the wheel. The injuries associated with a bicyclist accident can include physical and emotional trauma. The human body was just not built to withstand the sudden and blunt force from a vehicle body.

May 13, 2018

Why Cars are the Biggest Threats to Pedestrians

When taking a stroll, pedestrians must always be alert and aware of cars that could be coming their direction. Car drivers can become distracted while behind the wheel, and not see that a pedestrian has crossed in front of their path. A major way pedestrians can help lessen the chances of being struck by a car is through prevention.

April 17, 2018

Valuing intellectual property in divorce

Intellectual property rights are rights to exclusive ownership and interest in the intangible assets such as trademarks, patents and copyrights. Intangible assets exist on paper and by operation of law and are not otherwise physical items that can be physically divided or split in a divorce. Whether a tangible, physical asset ….

March 18, 2018

Copyrights and Estate Planning

When people think about the items that make up their estate as they prepare to meet with their estate planning attorney, they typically think about items such as bank and retirement accounts, real estate, vehicles, jewelry, and items of value they have purchased. What some people may overlook is what will happen to their intellectual property when they pass…….