Visitor Question

What’s the “date of injury” in this toxic mold case?

Submitted By: Anonymous (OKC, Oklahoma)

I live in Oklahoma City. My health/life has been devastated by mycotoxins that were in the ventilation system of my apartment in OKC called The Edge. I moved in August 12, 2016. I became ill and thought I was just exhausted from the move.

I demanded the property manager have air experts test my air. It was positive for “high concentration of Aspergillius & Penicillium.” Then I was evicted.

I became deathly ill on New Years Day, January 1, 2017 and my sister had to come and move me into her home. I was literally bed ridden for over a year. I am still getting treatment. However, I have lost everything and must identify a toxic mold attorney in Oklahoma.

I am a nurse for 35 years. I am desperate to pinpoint the “date of injury.”

Is the “date of injury” the day I moved in? Or, is it the date the air experts tested? Or, is it the date when I had a mycotoxin urine panel run and was diagnosed by an Environmental physician with mycotoxin illness?

I realize my statute of limitations is very near. I am uncertain of when that injury is defined? I am desperate to dial in on my exact “date of injury.” I’m most grateful for your help. God bless you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.


Dear Anonymous,

For purposes of personal injury claims, Date of Injury refers to the actual date an injury occurred, or the date in which in which the injury could have reasonably been discovered. The latter normally occurs in occupational illness or diseases.

The presence of Aspergillosis and Penicillium are common molds (a type of fungus) which are normally airborne. Prolonged exposure to these two molds can result in an infection, often referred to as “Mycotoxin Illness.”

Most people breathe in Aspergillosis and Penicillium spores every day without getting sick. However, people with weakened immune systems or lung diseases are at a higher risk of developing health problems due to these molds.

According to the Center for Disease Control and Prevention, the types of health problems caused by Aspergillosis and Penicillium include allergic reactions, lung infections, and infections in other organs.

In your case it would seem to have been difficult, if not impossible, for you to have self-diagnosed your illness. With that said, it is reasonable to suggest the date of injury began on the day you were medically diagnosed as having suffered a Mycotoxin illness.

The Statute of Limitations in Oklahoma for Personal Injury claims is two (2) years. If the date is imminent, you would be well-advised to seek the advice and counsel of a personal injury attorney.

Learn more here: Apartment Building Injury Claims

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.

Find a local attorney to give you a free case review here, or call 888-972-0892.

We wish you the best with your claim,


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