Toxic Mold Damage Lawyers
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What Harm Can Toxic Mold Cause?
Although many types of mold are harmless or even beneficial, some types of mold can cause serious health problems if you are regularly exposed to them in your home.
If you have mold in your home or your home's ventilation system, you might experience upper respiratory symptoms. People with asthma and allergies can be more sensitive to mold in their environment. Symptoms may include:
- Coughing, wheezing, and sneezing
- Eye irritation
- Skin irritation
- Runny nose
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.
Who Should I Sue for Toxic Mold in My Home?
In a toxic mold case, the focus will be on the property ownership or the construction of the home. If you purchased your home, you could sue the previous owner for failure to disclose the mold or clean the mold out, or the contractors which designed or constructed your home.
If you don’t own the building you live in, you could sue the landlord, the landlord’s contractors, or the previous owners of the building. Negligence or failure to disclose mold are typical claims when mold is involved.
Insurance companies are also subject to liability if they refuse to honor home insurance contracts.
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.
Consult a Lawyer - Present Your Case Now!
Last Modified: 06-05-2014 03:34 PM PDT
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