Thursday, December 31, 2020

Toxic Mold: A Growing Problem

Although mold may seem like a household issue that can easily be dealt with by a homeowner and/or landlord can be extremely dangerous if left unchecked.

What Is Mold?

Mold is a fungus that can grow indoors on a variety of surfaces. Mold spores can be found on drywall, wallpaper, ceilings, wood floors, and carpets. Incredibly, there are over 5,000 different species of mold. Mold spores can enter your body through in two main ways. The first way is breathing in the mold spores through the respiratory system. The second is it entering your digestive system by you touching a surface with mold present and then touching your mouth.

Both can be equally dangerous and potentially lead to mold poisoning.

How Can I Tell if There Is Mold where I Live?

Mold primarily grows in locations that have a water source, are dimly lit, have high humidity and have a cool temperature. A mold cultivation is of a particular concern if there has been a leak recently in your building or household.

There are several key indicators that could highlight the presence of mold in a household. Be on the lookout for moisture on surfaces, including walls and ceilings in your living space. Additionally, stains, discoloration, or watermarks on the walls or ceilings may indicate a mold outbreak.  A damp smell or musty smell also may be telltale sign . Finally, if any member of your household has an unusually difficult time breathing or suffers from abnormal allergic reactions this could be a marker of a mold growth.

Symptoms and Health Conditions Related to Mold Exposure

Prolonged and persistent black or toxic mold exposure can cause a myriad of health issues. Common health problems that have been caused by black or toxic mold include:

  • Asthma and exacerbation of asthmatic conditions
  • Chronic Fatigue Syndrome
  • Coughing
  • Dizziness
  • Fatigue
  • Fibromyalgia
  • Headaches
  • Hearing Loss
  • Hives
  • Nausea
  • Reactive Airway Dysfunction Syndrome
  • Respiratory problems
  • Sick Building Syndrome
  • Skin Irritations
  • Sore Throat
  • Toxic encephalopathy
  • Wheezing

Even seemingly mild symptoms could worsen or be indicators of a more serious condition so it is important that you seek immediate medical attention should you have contact with black or toxic mold.

Knowing Your Rights

If you rent or lease the place that you are living, the owner and/or landlord of your residence is responsible for rectifying hazardous mold conditions in a timely manner. New York City has made it increasingly easier for individuals to report mold infestation in their residence. Indeed, there is a form created through New York’s non-emergency services program that tenants can submit to New York City. Once this form is submitted the tenant will receive a Service Request Ticket so that they can monitor the complaint and ensure the situation is rectified.

It is important to take photos of the mold growth so that the problem can be diagnosed and appropriately addresses. Importantly, mold does not go away on its own and must be reasonably addressed by a landlord or owner of the premises that you are residing in.

Being the victim of a slum landlord is not something you should have to go through alone. A qualified, experienced attorney can collect the right evidence and testimony to prove what you have been exposed to black or toxic mold and get you the compensation you deserve for your injuries. By holding the appropriate party responsible for their negligence you are not only protecting the health and safety of your family but are sending a message to all landlords that tenants have basic rights and that danger mold growths in rented premises will not be tolerated!

If you or a loved one was the victim of a victim of toxic mold, the toxic mold attorneys at Greenstein & Milbauer, LLP are here to help. The toxic mold attorneys at Greenstein & Milbauer, LLP are skilled at handling toxic mold claims. Our firm’s motto is “Don’t Be A Victim Twice”.  If you are a victim of a slum landlord and/or a victim of toxic mold, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful.



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Wednesday, December 9, 2020

Defendant’s Physical Examination: Frequently Asked Questions

What is a Defendant’s Physical Exam?

When you start a personal injury lawsuit you put aspects of your physical and mental condition into controversy. Therefore, the defendant’s attorney are entitled to have you examined by their doctor. This is called a Defendant’s Physical Exam.

Am I required to appear for a Defendant’s Physical Examination?

Yes. If you fail to appear you may be precluded from proving your injuries &/or your case could be dismissed.

Will someone be with me at the Defendant’s Physical Examination?

Greenstein & Milbauer LLP will have a representative attend the exam with you. If you require a translator, one will be provided. Family members are not allowed into the examination room with you.

When does the Defendant’s Physical Exam take place?

The Defendant’s Physical Exam usually takes place within 30 -60 days after your deposition.

How do I prepare for the Defendant’s Physical Exam?

On the day before the exam, it’s very important that you call our office to confirm your availability. We will then confirm your appointment with the doctor’s office. Once confirmed, we will discuss transportation and time to arrive.

What do I do on the day of the Defendant’s Physical Exam?

Dress comfortably. Bring photo identification with you. You do not need to bring medical records with you.

What happens at the Defendant’s Physical Exam?

  • You may be asked to file out a questionnaire. DO NOT FILL OUT ANY PAPERWORK.
  • You will be asked to enter the examination room. Be aware that the doctor will observe how you walk into the exam room as well as any difficulty you have in getting on and off the examination table.
  • The doctor will ask you a series of questions about your medical history and your injuries.
  • The doctor will ask you to rate any pain you are experiencing.
  • The doctor will then perform a series of tests to evaluate any physical limitation of the body parts you are claiming were injured.
  • Do not talk about how the accident happened.

Don’t Be a Victim Twice

If you’re scheduled for a Defendant’s Physical Exam, the personal injury attorneys at Greenstein & Milbauer, LLP can help. We will help you prepare for the Defendant’s Physical Exam. The accident attorneys at Greenstein & Milbauer, LLP will protect your interests at the Defendant’s Physical Exam and throughout your entire accident case. Our firm’s motto is “Don’t Be A Victim Twice”.  If you are a victim of an accident, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful.



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Monday, December 7, 2020

How to Sue for a Broken Bone

A serious injury like a broken bone can be difficult to recover from. You may have suffered for weeks or months because of your injury, and the at-fault party hasn’t paid for the injuries they’re responsible for.

Worried about your recovery? Your NYC personal injury lawyer can show you how to sue for a broken bone. Here are a few steps you may need to take to file a lawsuit for your injury.

Identify the At-Fault Party

Before you take your broken bone claim to court, you need to know who’s responsible for your injuries. The answer can be complicated, depending on the details of your accident.

You may have been injured by a careless driver, for example, who’s responsible for their own actions. But if you’re hurt in a slip-and-fall accident, you may need to sue the property owner, not a cashier or other store employee. Your lawyer can help you identify who’s responsible for your financial recovery.

Calculate Your Damages

Your broken bone can be costly, but how much is your injury worth? If you’re not sure, it’s easy to accept less compensation than you’re due. Your compensation should include both your economic and non-economic damages, or the losses you suffered because of the injury. You can get the guidance you need to fairly calculate your damages from an attorney.

Know New York Injury Laws

But suing for a broken bone isn’t always simple. You also need to pay attention to state laws that can impact your lawsuit. For example, New Yorkers only have three years to file a lawsuit, or their claim may be dismissed without being heard.

You can also lose part of your compensation if you’re found partly at fault for the injury. For example, if you’re found 30 percent at fault for the injury, you may only receive 70 percent of your compensation. You may need help preventing these laws from impacting your claim in negative ways.

Get Representation in the Courtroom

When you’ve suffered a serious injury like a bone fracture, it can be difficult to focus on anything else. You may have trouble preparing any of the above information. Even preparing your paperwork can be difficult without help.

That’s where a broken bone lawyer can help. They have the experience you need on your side. Even better, they can handle the details of your claim and represent you in court. That limits the amount of time you need to think about your claim and maximizes your time focused on your health.

Talk to a Broken Bone Lawyer About Your Lawsuit

When you’re seriously injured, you may need help getting compensated fairly. You may not know how to sue for a broken bone, or you may be overwhelmed by the serious injury you’ve suffered. You may need a lawyer, like the ones at Greenstein & Milbauer, LLP, to step in.

Our lawyers are here to help. Take advantage of a free consultation by calling 1-800-VICTIM2 (842-8462) or filling out the online contact form below to learn more about how we can make your claim a success.



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