How To Hire a Lawyer for a Mold Lawsuit

The property damage and illnesses related to a mold problem can be extensive. If someone else, such as a landlord or construciton company, did something to cause these mold issues, you may have a legal claim. But proving your case can be complicated. 

This is why you want to hire a lawyer for a toxic mold lawsuit. Knowing what to look for in a toxic mold attorney is important before you choose your counsel. The following information will help you with this decision.

Check Whether You Have a Valid Claim

Mold is a fungus found just about anywhere there’s adequate moisture, lack of airflow, and ideal temperature. Most mold is harmless, but some molds create certain volatile organic compounds (VOCs). These VOCs cause serious injuries after prolonged exposure, often in a home or workplace.

The causes of toxic mold contamination vary, but often can be linked to:

• Defective building materials
• Negligent design or construction
• A failure to warn about a known problem

Those who suffer health problems from mold exposure may consider filing toxic mold claims. Property damage and mold removal may involve a claim against a construction company or other responsible parties.

Mold claims can be very difficult to prove. For instance, a black mold problem may need expert examination and testimony. That’s why an experienced lawyer can be helpful. An attorney can assess whether a legal claim might be worthwhile for you.

Know What Type of Lawyer You’ll Need for Your Mold Claim

Experience matters. Ideally, you want to hire an attorney who has worked on mold-related claims before. Given their prevalence, mold issues warrant a separate legal practice area. Some attorneys specialize in toxic mold cases and mold injuries.

Since these types of lawsuits tend to encompass many areas of the law, you want an attorney who is familiar with the following:

• Toxic torts law
• Personal injury law
• Wrongful death law
• Housing law (for property owners and renters)
• Contract and construction defects
• Water intrusion law
• Health law
• Employment law (if workplace-related)

While every case differs, certain factors and procedures are universal in toxic mold cases. For instance, the plaintiff will have to:

• Identify the specific strain of mold spore that allegedly caused the injury
• 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. They will know what to expect and how to protect your interests.

Find the Right Toxic Mold Lawyer for You

Even the brightest, most experienced toxic mold attorney may not be the right fit for you. You want someone with whom you feel comfortable. You also want a lawyer with a solid track record and a fee arrangement that fits your financial situation. It’s also important to have an attorney who will tell you what’s going on and generally maintain open lines of communication for legal advice.

The following resources will help you choose the right attorney for your needs:

• 10 Questions to Ask Your Potential Lawyer
• Researching Attorney Discipline
• How To Find a Lawyer

You should ask your lawyer for background information about their track record. They may be a good fit for a strong client relationship if they have won famous personal injury claims against big insurance companies.

How To Help Your Toxic Mold Attorney Help You

To be successful, your attorney will need detailed information about:

• Your injuries
• The mold contamination in your home (or other structure)
• Anything that can help your attorney connect the dots

Gather All Relevant Information

After you hire a lawyer for a mold lawsuit, they will want as much relevant documentation as you can give. This will include detailed notes and photographs about the mold, its growth patterns, and where it is.

If you discover the existence of toxic mold in a home you just purchased from a previous owner, can you:

• Produce documents proving mold wasn’t included in the inspection report or disclosures of known problems?
• Show that the specific type of mold damage is covered under an insurance policy?
• Use a homeowner’s warranty policy that covers mold infestations?
• Prove any adverse health conditions through medical bills and records?

They’ll also want records of any actions taken to repair or clean up the affected areas. You’ll have a stronger case if you committed to mold remediation immediately after toxic mold exposure.

Keep Ongoing Records

You also want to save receipts for any personal property damage as a result of mold growth, such as replacements for:

• Furniture
• Bedding
• Carpeting

Keep records and receipts of any inspections related to the mold. For example, if a real estate expert documented drywall or air conditioning defects that led to water damage, you want a copy of their notes. These disclaimers can verify the presence of mold and establish a causal link between the damage and resulting injuries.

About your injuries, you want to maintain detailed medical records and receipts for payment of medical services. That includes records of prescription medications and anything else purchased to ease your symptoms.

How Do I Find a Mold Lawyer Near Me?

You can use FindLaw’s attorney directory to get a list of qualified lawyers who have experience with mold-related claims in your state or city.

Hiring an attorney can seem daunting, but it doesn’t have to be. Ensure you look in the right place, ask the right questions, and choose someone you feel good about. If you or a loved one has suffered injuries as a result of a toxic mold contamination, consider talking with a toxic mold attorney right away and learn your legal options.