Finding a competent lawyer who will take on a toxic mold case is not always easy. Toxic mold law is still relatively new, with legislation being passed as recently as 2002. Toxic mold exposure is a very broad topic, and many different types of lawsuits can emerge from just a single mold contamination.
However, you should begin your search for a toxic mold lawyer in the personal injury and health areas of law. This is assuming that your case involves damage to your health due to exposure to mold. From there, the attorney will be able to determine whether other issues may be litigated, such as housing issues or property damage.
Most lawyers will take on a toxic mold case based on a contingency fee basis because mold damage lawsuits are not uniform and heard on a case-by-case basis. This means that the amount of attorney fees that you will need to pay will depend on the outcome of the trial.
What Sort of Experience should Toxic Mold Attorneys have?
As mentioned, toxic mold litigation can involve several overlapping areas of law. The attorney you hire should be familiar with the following areas of law:
Toxic Torts law
Personal injury law
Water intrusion laws
Food and Health law
Contract and Construction Defects law
Employment law (if the contamination occurred in the workplace)
A/C & heating law (toxic molds often fester in such systems and are dispersed through the vents)
Although this may seem like a large amount of law to cover, there are attorneys who specialize in toxic mold cases. They will understand the way that these various issues overlap in any given mold exposure case.
What Resources will my Lawyer need in order to succeed in a Toxic Mold claim?
Your success in court or with an insurance company will depend on how accurate and thorough you are in assessing the mold contamination and your personal injuries. You should compile the following documents and information for your lawyer:
Photographs of the mold and its growth development. Be sure to document the extent of the mold damage if it is in your home. Also take photos of any repairs and inspections. Video footage is also useful.
Copies of all receipts and bills for repairs, inspections, replacements (such as furniture), service costs if you have hired a mold expert, and any other related expenses.
Medical records and reports of injuries such as lung x-rays, and receipts for prescription medicines.
The more your lawyer is informed, the better your chances are at a successful outcome.
How long will a Toxic Mold Lawsuit Take to Resolve?
You should anticipate that legal claim for toxic mold damage and injury should take any where from one year to several years, depending on the severity of the claim. Toxic mold cases often require the opinion of an expert in mold damage, and cases can get technical.
Some recent class action toxic mold suits have resulted in awards upwards of $15 million for severe cases involving homeowner associations that failed to take corrective measures. These types of cases are rare however and involve even longer periods of litigation due to their high-profile nature.
Should I Hire a Lawyer to Assist me in my Toxic Mold Claim?
Unless you are an expert in toxic mold issues, you will likely not be familiar with the various laws that are involved in such a dispute. Therefore, it is in your best interest to retain a lawyer should you suspect that you have a toxic mold claim. You should do so as early as possible, preferably soon after you discover the mold or are experiencing toxic mold exposure symptoms. Some geographic areas, particularly the more humid areas, will tend to have more mold cases and therefore more lawyers who specialize in that area.