Finding toxic mold in your home may lead to a lawsuit, especially if clean up wasn't done properly, or in a timely basis by licensed professionals. You may even consider suing your landlord, previous owner, construction company or insurance company who hasn't held up their end of the insurance policy terms.
What Kind of Lawyer Do I Need?
You'll want to look for a personal injury lawyer who has had some experience dealing with toxic mold issues. It's especially important to find a lawyer who can negotiate with insurance companies, has knowledge of real estate issues and would take your case to trial if necessary.
Where Do I Start
Many insurance policies have what's called a "no action" clause. This requires you to file a lawsuit within a year of discovering the mold. And all states have statutes of limitation that require you to file a lawsuit within a short time after discovering the problem.
If you or a family member have been harmed by toxic mold, you may have a negligence legal claim against :
- Your landlord or property managers
- Previous owners, if they knew about the mold and didn't disclose the problem
- Contractors who built your apartment or home
- Suppliers or manufacturers of defective building materials, such as wood that was already moldy
You may have a legal right to recover the costs of:
- Inspecting your property
- Repairing the structure
- Replacing ruined household items
- Housing expenses during repairs
- Paying for current and future medical expenses, or emotional distress
Juries have made substantial awards in mold cases.
- In Delaware, two women claimed that their landlord failed to fix leaks and mold problems in their apartment and that his negligence resulted in asthma attacks. The jury awarded the women $1.04 million'an award that was upheld by the Delaware Supreme Court.
- A Texas jury awarded a homeowner $32 million after finding that the homeowner's insurance carrier acted in an unfair, deceptive, and fraudulent manner when evaluating the homeowner's property damage claim for mold. The award was reduced to $4 million on appeal.
- In California, a jury awarded a homeowner $18 million after his insurance carrier denied his claims for mold damage. The award was later reduced to $3 million.
If coming to an agreement with the insurance company about the damages should be paid has taken a long time, or if the insurance company claims damage caused by mold is excluded under the insurance policy, it's time to contact a lawyer who specializes in personal injury or insurance law.