Re: Need to find someone to take my black mold case.
Posted by johncodie on 2/11/10
Laura B: I wasn't trying to be ugly in describing the series of events that has
come to your familes present health. Since you are in some frame of mind still
thinking in terms of your case might be the one; let me explian the "Would have,
should have, could have, but didn't and now can't pay the bills."
You would be judged by your peers possbly at trial, or a judge if the defendant
files for a summary judgement for a friviouls law suit, and counter sue for cost
of what they want to have you pay for not being liable.
You would be seen as a reasonable person that had knowlege of your present
health, your families health, and all circumstances that could contribute to
your lively hood. How money is being spent, on what items, trips to the doctor,
freindships, vacations, involvement in the community etc. etc. etc.
Then your going to have to define the event that someone knowingly caused, or
was responsible for fixing to what a reasonable person is to expect. Dementia,
age, and to a large extent general well being are not tangible that can be
insured. Health care for those items but not prevention. To be successful in
litigation some metrics of health, with know caused health issues attributed to
the event,or crisis are necessary.
Questions as to why individuals were not all affected the same if they were
exposed to the same catastrophic event. Why the circumstances were not corrected
by yourself to protect others in your family if you were the first to undergo
health issues. What was done to correct the detrimental enviroment by
yourself? In that event you could expect some compensation for being paid back
for you fixing the problem, and maybe some compenstion for pain and suffering.
But you have to prove intent of the individual wanted to inflict ill health on
Its not so much of knowing of deteriating health effects, it is knowlege of the
potential of health effect from an event, and what you did to correct the
In our case with about 85% saturation of rain water for 36 hours through out our
house. 100% humidty upon entrance our children developed red rashes all over
their backs, and some welps, diarria, thowing up dehydration. Mine was
swelling of the joints, and dementia followed with periodic sinus sheading. The
wife and children were out in two days after peditrician documentation. I was
out within the week, with perodic exposure for having the maintain the property
for an addition exposure to the elements. We repaired the roof at our expense
and dried out as much as possible before the mold took hold. The tort was
breach of contract by the insurance company. They wanted absolutely no dry wall
removal since they felt rain water would not be detrimental, and would just dry
We had one insurance representative be deposed that he was taken off the case as
he was being too proactive. Im not sure it the word "screw" was used but it was
thier intent. Some idividuals actions six years prior set the case. We were
one day from the statue of limitations expiring. They were watching the
calander working it every step of the way to deny any money being awarded. We
worked like dogs after normal work, and did almost every move. Paid for
everything out of retirement and savings.
It was a "HUGE RISK". Knowing what we knew then, and what we know now we had no
other choice. Somewhere in the 18 months of continuing to be good insured's we
knew we were being pinched financialy by the insurance company and would
probably have to litigate.
So from what I know from experince from having gone through it day to day, there
would be no way for you to go back and pick up and some point and start trying
to prepare a case.
On 2/10/10, Laura B. wrote:
> One place I read, it tells me that statues starts at time of occurrence and
> then another place I read says that they start at time of noticing effects,
> which would be now for my daughter. My husband still hasn't notice the effect
> but his family has.
> As anyone knows that has ever gone thru this, it sometimes takes years to see
> all th devastating physicals effects that it takes on a persons body. Someday
> some lawyer and client will put a case forward that will be beyond statues and
> will win therefore forever changing the way that physical Injury cases from
> mold will be looked at. Its time for the statues to be dropped or extended.
> I could be that case.
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