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 pipe leak, a flood, a roof leak, or any other way in which water can enter. Mold can cause property damage.
It may be difficult to recover damages for issues related to toxic mold. Many insurance companies will not cover toxic mold issues. An experienced attorney from a reputable firm such as The Voss Law Firm, P.C. can review your case and determine what claims you have as well as represent you during any court proceedings.
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; and/or
Insurance companies for violating the “covenant of good faith and fair dealing.
What Damages Can I Recover for Toxic Mold Injuries?
The most commonly recovered damages are compensatory damages. Damages can be recovered for losses, including:
Medical bills; and/or
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 is 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 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. 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. A mold lawyer will fight to make sure you receive all of the benefits owed to you under the terms of your insurance policy so your home can be restored to its pre-loss condition.