How to Hire a Lawyer for a Mold Lawsuit
Created by FindLaw's team of legal writers and editors | Last reviewed January 19, 2017
Mold is a kind of fungus found just about anywhere there's adequate moisture, lack of airflow, and the ideal temperature. Most mold is harmless, but some molds create certain volatile organic compounds (VOCs) known to cause serious injuries after prolonged exposure, often in a home or workplace. The causes of toxic mold contamination are many, but often can be linked to defective building materials, negligent design or construction, or a failure to warn about a known problem. As such, those who suffer mold-related injuries may consider filing toxic mold claims.
But mold claims can be very complicated to prove, which is why you really want to hire a lawyer for a mold lawsuit. It's important to know what to look for in a toxic mold attorney before you choose your counsel. The following information will help you do just that.
Hiring a Lawyer for a Mold Lawsuit: Experience Matters
Ideally, you want to hire an attorney who has worked on mold-related claims before; and in fact some attorneys specialize in toxic mold cases. Since these types of lawsuits tend to encompass many different areas of the law, you will want an attorney who is familiar with the following:
- Toxic Torts Law
- Personal Injury Law
- Housing Law
- Contract and Construction Defects Law
- Water Intrusion Law
- Health Law
- Employment Law (if workplace-related)
And while every case is different, certain factors and procedures are generally universal in toxic mold cases. For instance, the plaintiff will have to identify the specific strain of mold that allegedly caused the injury and establish a causal link to the defendant's acts (or failure to act). An attorney experienced in mold litigation will be able to identify tell-tale patterns and will know what to expect and how to protect your interests.
Hiring the Right Toxic Mold Lawyer for You
Even the brightest, most-experienced toxic mold attorney may not be the right fit for you. You will want someone with whom you feel comfortable, who has a solid track record (ask for references to past clients), and whose fee arrangement fits with your financial situation. It's also important to have an attorney who will keep you apprised of what's going on and generally maintain open lines of communication.
The following resources will help you choose the right attorney for your needs:
How to Help Your Toxic Mold Attorney Help You
In order to be successful, your attorney will need detailed information about your injuries, the mold contamination in your home (or other structure), and anything that can help your attorney connect the dots. For instance, if you discover the existence of toxic mold in a home you just purchased from a previous owner, can you produce documents to prove that mold wasn't included in the inspection report or disclosures of known problems?
After you hire a lawyer for a mold lawsuit, they will want as much relevant documentation as you can provide. This will include detailed notes and photographs about the mold, its growth patterns, and where it has been discovered; plus records of any actions that were taken to repair or clean up the affected areas. You also will want to save receipts for anything that had to be replaced, such as furniture, bedding, and carpeting; and records/receipts of any inspections related to the mold.
With respect to your injuries, you will want to maintain detailed medical records and receipts for payment of medical services, prescription medications, and anything else purchased to alleviate your symptoms.
Hire the Right Lawyer for a Mold Lawsuit
Hiring an attorney can seem like a daunting task, but it doesn't have to be. Just make sure you look in the right place, ask the right questions, and choose someone you feel good about. If you or a loved one have suffered injuries as the result of a toxic mold contamination, consider talking with a toxic mold attorney right away and learn about your legal options.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.