Toxic Mold Attorney Near Me How To File A Toxic Mold Lawsuit Sample Complaint In Apartment Mold Case (2024)

Toxic Mold Attorney Near Me How To File A Toxic Mold Lawsuit Sample Complaint In Apartment Mold Case (1)


Mold is an organism that develops in places where there is excessive moisture. This can happen when a home or building experiences a water leak such as a pip leak, a flood, a roof leak, or any other way in which water can enter. Mold can cause property damage.

Mold removal, also called mold remediation, can be costly and time consuming but it is absolutely necessary for the health and safety of those who use the building. Mold can be toxic to the human body and cause major health problems such as nausea, rashes or asthma.

Mold often affects places including workplaces, schools, or homes. Common places for mold to grow in a building are:

  • In an air conditioning unit
  • In a basement that has flooded
  • Beneath a refrigerator
  • Beneath a bathroom or kitchen sink
  • Around windows that leak
  • On a shower curtain
  • In a humidifier
  • Under a damp carpet
  • In an area with plumbing issues
  • On a ceiling or roof, especially if a leak is present

Mold problems can also occur in areas that have experienced water damage. Many times, mold remediation will be covered under a homeowners insurance policy under water damage.

Toxic mold is actually somewhat of a misnomer. While some types of mold can produce toxins, the mold itself is not toxic. Two types of mold, stachybotrys chartarum and toxigenic aspergillus, may cause adverse reactions in individuals. These are the types of mold attorneys and mold remediation companies often refer to as toxic mold. Adverse reactions to these molds can lead to life threatening issues.

Stachybotrys chartarum is what most individuals are referring to when they say “black mold.” It has a dark green or black appearance. The mold produces spores which are released into the air as it feeds on organic material in the building or home, such as drywall or carpet. Symptoms associated with an adverse reaction can be:

  • Chronic coughing and sneezing
  • Eye irritation
  • Irritation to the mucous membranes of the nose and throat
  • Chronic fatigue
  • Persistent headaches
  1. How Do You Know if Mold is Making You Sick?
  2. What Are the Federal, State, and Local Toxic Mold Laws?
  3. Who Can Bring a Toxic Mold Lawsuit?
  4. What Evidence Is Necessary for a Claim?
  5. What Other Parties May Be Liable for Toxic Mold?
  6. What Damages Can I Recover for Toxic Mold Injuries?
  7. Do I Need an Attorney for Help with a Toxic Mold Claim?

How Do You Know if Mold is Making You Sick?

The signs and symptoms of mold exposure were discussed above, and can include others. Every individual will be affected differently by the presence of mold. Other symptoms, especially in cases of air conditioning mold, may include:

  • Sinus issues
  • Breathing difficulties
  • Bronchitis and asthma attacks
  • Legionnaires Disease, which is a flu-like illness caused by bacteria that breeds in moldy areas
  • Vasomotor rhinitis, or a sinus condition with symptoms similar to allergies

Should an individual experience any of the symptoms related to mold exposure, they should seek medical care immediately. Additionally, they should save any documentation or diagnoses related to the mold exposure in case a lawsuit is necessary.

What Are the Federal, State, and Local Toxic Mold Laws?

At this time, there are no federal mold laws that provide standards for residential buildings. However, federal agencies such as the Environmental Protection Agency (EPA), the United States Department of Labor (DOL), and the Occupational Safety and Health Administration (OSHA) provide standards and guidelines for schools, commercial buildings, and the workplace.

There are some states which have passed laws with regard to mold standards and guidelines, specifically referring to indoor air quality. California is one of those states, with the Toxic Mold Protection Act of 2001, it established mold remediation standards for contractors, owners, and landlords. The Act also requires landlords disclose suspected and/or known mold problems to current and prospective tenants.

In some court cases involving mold, mold has been considered a legal nuisance. In states where this is available, a tenant may sue a landlord under nuisance laws.

Who Can Bring a Toxic Mold Lawsuit?

In most cases, an individual who has been personally injured by exposure to toxic mold has legal standing. An individual with standing in a toxic mold case usually includes:

  • Tenants, or individuals who lease their homes
    • These individuals are the most likely to experience toxic mold issues because they live in buildings that are older structures made with materials prone to mold
    • Poor building maintenance may also be a factor
    • Homeowners may be able to sue inspectors, homebuilders, real estate brokers, or anyone else who may have caused the mold issue or had a duty to disclose the mold issue

    What Evidence Is Necessary for a Claim?

    The success of a claim will depend on the quality and quantity of evidence. In order to succeed in a toxic mold claim, an individual must show:

    • They were exposed to toxic mold
    • The exposure caused personal injuries or property damage
    • They were owed a duty or warn or prevent toxic mold growth and that duty was violated
    • There are damages related to the toxic mold exposure

    The best ways to prove these elements are:

    • Documentation of the toxic mold including its development, photographs and video if available, and any inspection reports
    • Medical evidence and diagnoses that link the mold exposure and health issues, including allergy test results, pulmonary test results or chest X-rays
    • Records and/or disclosure statements that omitted the presence of water damage or mold
    • Copies of any expenses an individual has incurred as a result of the mold exposure, including medical bills, lost wages, replacement of damaged goods or mold remediation

    What Other Parties May Be Liable for Toxic Mold?

    Landlords may be liable for toxic mold but there are other parties who may also be liable. These include:

    • Previous owners who failed to make mold disclosures
    • Makers and suppliers of building materials infested with mold
    • Contractors when their work resulted in mold infestation
    • Insurance companies for violating the covenant of good faith and fair dealing

    What Damages Can I Recover for Toxic Mold Injuries?

    Damages can be recovered in toxic mold cases but they will vary based on the facts of the case. Generally, damages will depend on the extent of mold growth, the severity of the reaction to the mold, and the costs associated with medical treatment and/or repairing the property.

    The most commonly recovered damages are compensatory damages. Damages can be recovered for losses, including:

    • Repair costs
    • Medical bills
    • Compensation for pain and suffering

    In some states, the prevailing party’s attorney’s fees will be paid by the other party.

    Another type of damages that may be awarded are punitive damages. These damages may be awarded if a landlord, insurer, or homebuilder intentionally misled the injured party regarding the presence of mold. Punitive damages are intended to deter similar future behavior.

    It may be difficult to recover damages for issues related to toxic mold. It may be difficult to prove injury because some doctors may not agree that a relationship exists between toxic mold and health conditions a patient may experience. Many insurance companies will not cover toxic mold issues. An attorney may be able to advise other specific language that may work around this issue.

    It may also be difficult to prove causation in mold cases but a mold lawyer can help advise what documentation or facts will assist in a case. The tenant or homeowner may be blamed for poor housekeeping. Proving injury and causation may be difficult, but they are necessary. Some ways to bolster damage awards in these cases include damage to the property, harassment, retaliation, and/or constructive eviction.

    Do I Need an Attorney for Help with a Toxic Mold Claim?

    Yes, a mold attorney can help you with any issues related to a toxic mold claim. A mold attorney will be a class action lawyer with experience in toxic mold claims.

    Toxic mold claims are complex and require a great deal of expertise. There are multiple areas of law that may be involved, including breach of contract claims and personal injury claims.

    Your toxic mold lawyer can help you with many aspects of your case, including identifying the proper defendants, such as a contractor, identifying the type of claim you have and what supporting evidence you will need, and hiring expert witnesses. Expert witnesses, such as medical professionals, may be necessary to show the connection between your medical issues and the mold that was present.

    Your attorney can also be helpful by providing legal advice and communicating with insurance companies, which can be an intimidating process. In some cases, a defendant may want to settle your claim outside of the courtroom. In such cases, it is important to have legal representation during negotiations to ensure you get a fair settlement.

    If you are a defendant in a toxic mold lawsuit, it is crucial to have legal representation to ensure you are not held liable for an issue that your property or conduct did not cause. Your lawyer will be able to present evidence to contradict the claims made by the plaintiff.

    In addition, your toxic mold lawyer can help you settle the issue outside of the courtroom, which can save you both time and money. To protect your rights, having a toxic mold lawyer handle your claim is essential, whether you are filing a lawsuit or are named as a defendant.

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Toxic Mold Attorney Near Me How To File A Toxic Mold Lawsuit Sample Complaint In Apartment Mold Case (2024)

FAQs

How do you prove mold is toxic? ›

Some of the commonly prescribed medical tests for mold sickness are Mycotoxin testing, IGE testing, Scratch Allergy testing GI testing, and DNA testing. Your doctor will often use your environmental report to identify the appropriate corresponding medical test.

What type of tort could you claim if your home has toxic mold? ›

Personal injury cases over harm caused by mold are a type of "toxic tort" claim.

Does OSHA handle mold complaints? ›

If you believe that there is a mold hazard, you have the right to file a complaint with Federal OSHA or, in states with OSHA-approved state plans, the state occupational safety and Page 18 health agency.

Can you sue for mold exposure in Florida? ›

Sue for Damages: You can sue the landlord for damages. The damages that incurred due to the violation of the warranty of habitability by the landlord. Now this includes medical expenses related to health issues caused by mold exposure. Moreover, it could also cover property damage, and sometimes emotional distress.

What kind of doctor tests for mold toxicity? ›

We recommend starting with an allergist, immunologist, or environmental medicine specialist, as they are well-equipped to assess and diagnose mold-related health problems.

What are the weird symptoms of mold toxicity? ›

Although symptoms can vary, the most common symptoms seen in people exposed to mold indoors include:
  • Nasal and sinus congestion.
  • Eye irritation, such as itchy, red, watery eyes.
  • Wheezing and difficulty breathing.
  • Cough.
  • Throat irritation.
  • Skin irritation, such as a rash.
  • Headache.

How hard is it to win a mold lawsuit? ›

Toxic mold lawsuits are particularly complicated, as they often involve multiple causes of action, can implicate a wide range of potential defendants, and require specific medical and scientific expertise.

What is an example of a mold lawsuit settlement? ›

Lynette Jividen suffered from health due to mold exposure. Therefore, she sued her building owner and management company. Moreover, neglectful management and lack of mold remediation led to a $48 million award.

Is mold toxicity a disability? ›

The health consequences of mold exposure will vary from person to person. This means some individuals with mold sensitivity will meet the ADA's definition of disability, and some will not. For those with relatively healthy immune systems, symptoms of exposure may be mild.

Which federal agency or organization regulates mold exposure? ›

Additionally, you can consult the California Division of Occupational Safety and Health (Cal/OSHA) for concerns about mold and dampness in the workplace.

How is mold professionally treated? ›

All contaminated surfaces will be vacuumed with a HEPA vacuum to trap the mold spores while releasing clean air, unlike traditional vacuum cleaners. Next, a professional will spray and wipe down the once contaminated surface with microfiber cleaning cloths.

What happens when you file an OSHA complaint? ›

If you file a complaint, OSHA will contact you to determine whether to conduct an investigation. You must respond to OSHA's follow-up contact or your complaint will be dismissed. A whistleblower complaint filed with OSHA cannot be filed anonymously.

How do you prove mold illness? ›

Your doctor takes a blood sample and then sends it to a laboratory to measure the number of certain antibodies, which can indicate your immune system's sensitivity to different mold species. Skin prick test. Your doctor takes a small amount of mold and applies it to your skin using a tiny needle.

What happens if you are exposed to toxic mold? ›

Common symptoms include sneezing, coughing, congestion and eye irritation. It rarely causes serious illness or death but may worsen asthma symptoms. You can't cure a black mold allergy, but a healthcare provider can diagnose it and help treat your symptoms.

Is mold considered personal injury? ›

Commonly, a mold claim seeks to bring personal injury and property damage claims into a lawsuit seeking recovery for: 1) Construction defects; 2) Landlord/tenant breach of warranty of habitability; and 3) Failure to disclose defects in a real estate sale.

How do I know if my mould is toxic? ›

Black toxic mould is probably the most recognised variety in a property and can appear as black or dark green spots on floors and walls. According to experts, it appears following conditions of moisture, oxygen, temperatures between 4.4-38 degrees Celsius and paper or drywalls.

Are mold toxicity tests legit? ›

Some tests look at levels of mold exposure or the burden of mycotoxins on the body, while others analyze how the immune system is reacting to mold and mycotoxins. Research on all mold and mycotoxin testing is limited, and there is no perfect test [3]. There are currently no FDA-approved laboratory tests for mycotoxins.

How long does it take to get sick from mold exposure? ›

Mold symptoms usually begin 2 to 9 hours following exposure, and these symptoms will likely remain on and off until the mold is officially removed. That said, certain variables may affect how long your mold symptoms will last.

What's considered the most toxic form of mold found in a home? ›

Stachybotrys is an intensely dangerous fungus, also known as black mold. Mold species under this genus produce mycotoxins wherever they are disturbed, which can cause serious infections. They usually grow on materials that contain cellulose and that have remained damp for a long period of time.

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