What Kind of Damages Can I Recover for Toxic Mold Injuries?
Damages for toxic mold exposure are typically related to the cost of remedying permanent or semi-permanent health concerns or serious structural problems related to dwellings. The following are the types of recovery possible in these types of cases: - Actual Damages ¿ A person injured by toxic mold can recover damages for actual injuries. This can include costs for medical treatment, pain and suffering and property damage.
- Contract Damages ¿ If a toxic mold inspector did a bad job checking your home for toxic mold, you can sue them for failing to do their job. You can also sue a contractor for failing to make your home mold resistant. In either case, you can recover most or the entire amount you paid for the inspection or construction.
- Attorney's Fees ¿ Most states force the losing party to pay the other side¿s attorney¿s fees when they win a toxic mold case. Given the complex nature and large expenses of toxic mold cases, many state legislatures have determined that awarding attorney¿s fees is proper if you win your case.
- Punitive Damages ¿ If an insurer, homebuilder, or landlord knowingly or fraudulently acted to hide, give false information about, or exposed a party to toxic mold, punitive damages can be awarded. Punitive damages awards can be quite large (e.g. in the millions of dollars) where there is outright deceptive or dishonest conduct by the injuring party.
Should I Consult a Lawyer about My Toxic Mold Problem?
Determining what kind of damages you should sue for can be difficult. An experienced personal injury attorney can help you understand what damages you are entitled to. A personal injury lawyer can also represent you in court and file any necessary paperwork. |
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