Indianapolis Toxic Mold Lawyers

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Indianapolis Mold Lawyers for Mold Exposure and Apartment Mold Lawsuit

What is Toxic Mold?

Toxic mold, also known as Stachybotrys chartarum is typically green or black in color, and can grow on materials such as fiberboard, paper, and other material with high cellulose content. Toxic black mold grows when moisture is present from various instances such as water damage and leaks, condensation, or flooding. A consistent presence of moisture is required for toxic mold to grow.

How to Identify Mold: What are Signs of Mold in Your House?

Mold is everywhere–toxic and nontoxic, but toxic mold can be especially harmlful to those who encounter it. Large mold infestations can typically be seen or smelled in a home or enclosed area. While mold can be found both indoors and outdoors, mold enters homes through windows, vents, and heating/cooling systems.

Mold most commonly grows on the following surfaces within homes or indoor areas:

  • Pipes
  • Walls
  • Flooring where flooding has occurred
  • Wet cellulose materials
  • Paper products such as cardboard
  • Ceiling tiles
  • Wood and wood products
  • Insulation materials
  • Drywall
  • Upholstery

To decrease the likelihood of mold growth, monitor areas where dampness or moisture may occur on the above surfaces or materials.

Toxic Mold Exposure and Black Mold Symptoms

When exposed to black mold, you may develop severe health problems down the road. It is important to understand the warning signs and side effects of toxic mold exposure.

Signs of Mold Sickness and Mold-Related Illness

Signs and symptoms of mold sickness and mold-related illnesses include:

  • Aches and pains
  • Headaches
  • Memory loss
  • Changes in mood
  • Allergic reactions
  • Dry cough
  • Red eyes
  • Skin rashes
  • Wheezing
  • Difficulty breathing
  • Sore throat

For those with mold allergies, asthma, or lung problems, toxic mold exposure has the potential to worsen conditions and come on much stronger than in those who are not allergic.

How Long Does It Take to Get Sick from Mold Exposure?

Sickness from mold exposure depends on several different factors. Some may begin experiencing symptoms upon exposure, and others’ symptoms may be delayed. While toxic mold exposure can pose a threat to your health overall, those with mold allergies may experience more immediate symptoms.

Mold in Apartments – Tenants’ Rights

Landlords should take toxic mold seriously, just as they would in their own homes. As a tenant, you have rights that may hold your landlord liable for mold exposure. Landlord liability is typically determined on a case-by-case basis and is often decided in court. If you are a tenant who has been exposed to toxic mold, contact the attorneys at WKW for a case evaluation.

Filing a Toxic or Black Mold Lawsuit

If you or a loved one have been exposed to toxic or black mold and has developed a health condition as a result, you should consider filing a mold lawsuit. Toxic or black mold lawsuits are typically filed for one of the following reasons:

  • Construction defects resulting in mold
  • Landlord-tenant breach of warranty of habitability
  • Failure to disclose mold existence in a real estate sale
  • Mold exposure at the workplace

When filing a mold lawsuit, there are many different factors that will come into consideration. Liability and potential damages need to be determined.  For information on how the attorneys at Wilson Kehoe Winingham can help you with your mold case, contact us today for a no-obligation case evaluation.


To determine a liable party in a toxic mold case, it must be proven that one’s health condition is related to mold exposure. Examples of liable parties can include:

  • Contractors or subcontractors
  • Architects
  • Structural engineers
  • Material manufacturers and suppliers
  • Previous owners (residential or commercial)
  • Current owners (in a rental situation)


Damages in premises liability cases can be either compensatory or punitive.

Compensatory damages are intended to compensate an individual for losses related to mold exposure, in this case. Examples of compensatory damages include medical bills, physical or psychological therapy, current and future loss of wages, emotional pain, suffering, and distress.

Punitive damages are those which exceed compensatory damages in an effort to punish the responsible party.

Proving a Mold Case – Mold Exposure Evidence and Investigation

While proving that mold exists, the difficult part in proving a mold case often lies within proving that mold caused the health issues you are facing. Along with supporting evidence in an investigation, it may be beneficial to have a medical expert testify that you or your loved one were indeed exposed to mold that resulted in a health condition. The experienced mold attorneys of Wilson Kehoe Winingham can offer support and guidance when filing and navigating your mold exposure case.

Testing for Mold in a House

When testing for mold, it is crucial you know what you’re looking for. While it is able to grow in almost any damp, dark place in your home, it is oftentimes easy to spot. Mold test kits are commonly used to identify mold when discovered in an indoor space. When searching for mold, you should check the following places:

  • Near and around water pipes (for plumbing leaks)
  • On walls and ceilings
  • Ductwork
  • Any additional dark, damp places which may be holding moisture

If mold is detected, you must properly protect yourself during the removal process. Failure to take proper precautions can increase the chances of contaminating additional areas, spreading mold, and breathing in high concentrations.

Evidence for Mold Sickness and Mold-Related Illness

Exposure to mold affects everyone differently. Those with preexisting conditions such as allergies, asthma, and upper-respiratory conditions may have a stronger reaction to mold exposure. Aside from obvious, immediate side effects to mold exposure, toxic mold can pose long-term threats to those exposed for extended periods of time.

Evidence supporting an illness as a result of mold exposure can be difficult. When filing a mold lawsuit, it is important to have documentation of any illnesses as well as any known mold exposure.

Statute of Limitations for Mold Cases

The amount of time you have to file a premises liability lawsuit in the state of Indiana is two years. For specific information on the date of mold exposure or date of ailment occurrence related to your case, contact a member of our team today.

Contact a Wilson Kehoe Winingham Attorney Today

If you or a loved one have been exposed to toxic mold and developed a health condition as a result of your exposure, the experienced mold attorneys at Wilson Kehoe Winingham are here to help. We understand the complications of premises liability lawsuits. Put your trust in our team to guide you through every step of the process. Contact a member of our team today for a no-obligation case evaluation.

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Let WKW put our experience to work for you. Contact us for your free case evaluation.


Or, call us today at (317) 920-6400

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