Construction Defects Law: Mold Damages

May 21, 2024 Construction Defects LawAdminLeave a comment

This Blog was brought to you by the Brian Woods Law Firm, your San Antonio Construction Defects Lawyer

Construction Defects Law: Mold Damages

When the Walls Breathe Spores: How a Construction Defect Attorney Tackles Mold Cases
Mold growth in your home can be a frightening discovery. Beyond the unsightly appearance, it can pose serious health risks for your family. If you suspect mold growth stems from moisture issues caused by construction defects, a construction defect attorney can be your ally in securing remediation and holding the responsible parties accountable.

Building Your Case: Identifying the Source

The first step for your attorney involves pinpointing the source of the moisture that fueled the mold growth. This investigation may include:

Mold Inspection: Hiring a qualified mold inspector to assess the extent of the mold infestation, identify the specific mold species, and take samples for lab testing to determine any potential health risks.
Building Assessment: Engaging a building inspector or engineer to identify the construction defects that led to the moisture intrusion. This could be faulty roofing, improper drainage, foundation cracks, or inadequate ventilation.
Reviewing Building Records: Obtaining and reviewing the original building plans and permits to ensure construction adhered to proper building codes regarding moisture control and ventilation.
Establishing Causation: The Defect-Mold Link

Once the source of moisture is identified, your attorney will work to establish a clear link between the construction defect and the mold growth. This often involves providing evidence that:

The construction defect existed prior to the discovery of mold.
The defect caused water intrusion or excessive moisture within the home.
The moisture created a suitable environment for mold growth.
Negotiation or Litigation: Seeking a Resolution

With a strong case built, your attorney will explore your options. Negotiation with the builder or developer is often a preferred approach. They will present evidence of the construction defect, the resulting mold infestation, and the associated health risks. This can include:

Remediation Costs: The estimated cost of professional mold remediation, including removal of mold-infected materials and decontamination of the affected areas.
Medical Expenses: If you or your family members have incurred medical expenses due to mold-related health problems, these can be included in the negotiation.
Loss of Use: Compensation for any period during which your home was uninhabitable due to mold remediation.
If negotiations fail, your attorney will be prepared to file a lawsuit. This process follows the standard legal framework of:

Filing a Complaint: A formal document outlining the construction defect, the resulting mold infestation, and your legal claims against the responsible party.
Discovery: Both sides exchange information and potentially interview witnesses with knowledge of the construction process or the history of moisture issues in your home.
Trial: If a settlement cannot be reached, your attorney will represent you in court, presenting evidence and arguments to convince the judge or jury that the defect caused the mold and that you deserve compensation.
Beyond Compensation: Ensuring Safety

While compensation is crucial, a successful case can also ensure the responsible party addresses the underlying construction defect to prevent future mold growth and protect the health of your family and future residents. Your attorney can work to ensure the repairs address the root cause of the moisture issue and include proper mold remediation protocols.

Taking Action for a Healthy Home

Mold growth caused by construction defects is a serious concern. A construction defect attorney can be a powerful advocate in securing professional remediation, holding the responsible party accountable, and ensuring your home is safe and healthy for your family. Don’t hesitate to seek legal counsel if you suspect construction defects are behind the mold in your home. Your health and well-being may depend on it.

More interesting Blogs about Construction Defects and how our attorney handles them, here:

https://www.butlerandprimeau.com/construction-defect-law-we-are-trial-ready/
https://www.sambrandlaw.com/construction-defects-types-of-building-issues/
https://www.petergoldsteinlawfirm.com/construction-defects-types-of-building-issues-voc/
https://www.thaddavidson.com/construction-defects-types-of-building-issues-faulty-foundations/
https://www.keithsaylorlaw.net/construction-defects-types-of-building-issues-cracked-tiles-deteriorating-wood-trim/
https://www.irvingattorney.net/construction-defects-law-common-problems/
https://www.griffithlaw.net/construction-defects-types-of-building-issues-improper-design/
https://www.siringolaw.com/construction-defects-law-common-problems/

Personal Injury Law – All Car Accidents Are Unique

April 22, 2024 car accident lawAdminLeave a comment

This Blog was brought to you by The Carabin Shaw Law Firm – Personal Injury Lawyers San Antonio

All Car Accidents Are Unique

Car accidents are never the same, similar but never the same. So logically a car accident claim can never be the same. Accidents do, on the other hand, occur in the millions every year; however, making a successful compensation claim is difficult to get right if you don’t make the right moves. More about our Car Accident Attorneys in San Antonio here

Be Aware Of The Insurance Adjusters

There’s one thing you need to beware of, and that is insurance companies either attending the scene or the hospital. These are salespeople who work on a commission basis. You always have the good and the bad ones. Your job would be to distinguish the good from the bad. Another thing to note is, never listen to previous case success stories. What happened in the last case can’t be guaranteed in your case. So don’t fall for the money, settlement time, or success stories.

Tips To Make A Successful Car Accident Claim

Car accident injury claims are major players in the personal injury litigation market. They are straightforward as liability is admitted and vital information is exchanged at the scene. Information such as driver and insurance details, where the accident took place, when and how. If the police attend the scene, both parties will be given a case number, which states that the accident did occur. Further, from there, it will be logged on the national database for any inquiries.

Now For The Secrets… A quality accident lawyer will explain the procedures in full and then ask if you have any questions. Don’t ever say NO! You could be falling into a trap. Do ask these important questions such as:
* Will I get the whole of my compensation? If yes… continue.
* Will I need to pay a fee? If no… continue.
* Do you recover costs from the other side (i.e., people at fault)? If yes… continue.
* Would I need to pay anyone any money once my claim is settled? If no… proceed.

Passengers In A Car Accident

Passengers are innocent victims in a vehicle and can be from either, the fault or non-fault side. Passengers are not in charge of the vehicle at hand. Therefore they can always make a successful compensation claim provided they have been to a hospital or visited a doctor. A passenger can be in the form of a husband, wife, child, cousin, or friend; at fault or not, they are entitled to claim compensation. They can make a claim against the people who have hit them while in the car. Liability acceptance for an accident can cause confusion in itself. Do you think it was your fault? Either way, you can still make a successful claim! If, on the other hand, you are the driver and it is your fault, then you won’t have any success in making a claim. However, the passengers will.

Payment Factors

There are circumstances where compensation payments are reduced for a number of reasons. The most common ones are for not wearing a seat belt, which marginally reduces the payment by 25%. Another major factor is drunk driving. If a passenger knowingly knew the driver was unfit to drive due to excess intoxication, a reduction will be made accordingly. There are cases where the driver admits part liability on a proportion basis. Generally, it’s 50/50, but it needs to be assessed by an investigator who will examine who’s at fault before concluding. There are even some cases that result in 80/20.

Decision Dilemmas

You DO NOT need to hold back thinking it was your friend’s or family’s car. They pay insurance premiums every year to ensure if anything happens, they’re covered, and so are their passengers. You also need NOT WORRY if you are in a taxi, bus, train, or any other form of public transport. You can still proceed with an accident compensation claim, as the drivers are insured, as are the taxi, train, and bus drivers. Companies pay thousands every year in insurance premiums to cover passengers for these unfortunate accidents and injuries. By speaking to a quality car accident lawyer, you will be able to eliminate doubts in your head about payments, fees, and procedures!

Traffic Ticket Lawyers: DUI Tickets

March 20, 2024 traffic ticket lawyersAdminLeave a comment

This Blog was brought to you by the San Antonio Traffic Ticket Attorney Gordon Slade 210-820-3033

DUI Tickets

Driving while intoxicated or driving under the influence is one of the most severe offenses and will be responsible for lots of fatalities each year. That is why DWI/DUI offense penalties will be so severe. Over 0.08 percent BAC (blood alcohol concentration) (0.04 percent for commercial drivers as well as 0.01 percent for drivers up to twenty-one years of age) is all that is required for a DWI offense conviction. If your BAC level is over the legal amount, you’ll be instantly arrested. The police officer is going to revoke your driver’s license, send it, alongside the suspension or revocation order, as well as a sworn report, to the DMV.

If you are stopped by a policeman under the suspicion of DWI/DUI, taking the BAC tests is the ideal choice you have. The test might be in the form of a breath test, a blood test, and, in some instances, a urine test. Refusing to do this will result in instant suspension of a driver’s license by the DMV. You do possess the right to contest a driver’s license revocation or suspension if you believe you were incorrectly accused. You may ask for a hearing between ten days following your receiving your revocation. If you become convicted of DWI/DUI following your hearing, you need to pay heavy-duty fines and undergo DUI programs for around 9 months. You might lose your driver’s license as well as even be faced with jail time.

For a driver over twenty-one years of age, the initial DWI/ DUI conviction is going to bear a 4-month suspension of a driver’s license. It’ll be a 1-year revocation if the next conviction happens between ten years of the initial one. If the 3rd conviction happens within ten years, it’ll be a 2-year revocation. If a driver is under twenty-one years of age, the initial conviction would possess a 1-year suspension of a driver’s license; for the 2nd and 3rd conviction between 10 years, the suspension is going to be 2 years and 3 years, respectively.

DWI/DUI Offenses for Commercial Drivers
The BAC limitation for commercial drivers within is 0.4%. Over that, CDL holders commit a DUI offense and endanger their commercial license, as well as possibly their job. A DWI offense carries nearly the same results for non-commercial and commercial drivers; a license suspension, a heavy fine, as well as jail time. However, CDL holders face more issues. They’ll possibly have their license revoked for one year for the initial conviction (even if driving their personal car during the time of the offense) and need to go to alcohol assessment courses. They’ll be faced with increased insurance rates and probably will need to select an additional career if their license is suspended.

You do not need to experience an accident or a speeding violation to become pulled over. If you weave or simply drive a bit erratically, you may be pulled over under DUI suspicion. If you’re pulled over, you’ll be tested to check if you are intoxicated. You’ll need to walk a little white line, blow inside a breathalyzer, or take additional on-site tests in order to check if you’re considered drunk. If so, you’ll be arrested immediately. Not only are you going to have an arrest upon your record following this, but you also have obstacles to beat. In most cases, you may have your license suspended or indefinitely pulled. This means you’ll need to either locate somebody to take you from one place to another or take public transportation in order to get from and to work. Then, of course, there are the court costs and fines. You got it; not only can you spend some time behind bars, but you’ll need to pay a lot on top of that. Not only are you going to have the traffic violation fines that you’ll need to pay, but you’ll also need to pay any court expenses.

While you are considering the financial expenses of a DUI, do not forget the price of your insurance will rise if they do not drop you altogether. If the offender has multiple charges on a record, he or she may not have the ability to keep an insurance carrier for reasonable rates, at least. You’ll lose a whole lot by getting behind the wheel. It is vital that if you discover yourself being charged with a DUI, you must get a lawyer who specializes in such cases. Particularly if it’s just your 1st offense, you have to have somebody on your side to aid you in keeping your license and assist you with keeping your jail time to a minimum. Contact us to get a traffic attorney to assist you with your offense.

Why Hire Us?
Odds are, if you made it here, you are aware of some of the consequences that you may face as a result of a guilty verdict.

More great blogs here:
https://www.butlerandprimeau.com/red-cars-and-traffic-tickets/
https://www.sambrandlaw.com/about-moving-violations/
https://www.petergoldsteinlawfirm.com/types-of-traffic-violations/
https://www.thaddavidson.com/traffic-violations-lawyer-san-antonio/
https://www.keithsaylorlaw.net/traffic-violation-lawyer/
https://www.irvingattorney.net/speeding-ticket-attorney/
https://www.griffithlaw.net/speeding-high-speed-ticket-defense/
https://www.siringolaw.com/traffic-violations-lawyer/