How To Hire a Lawyer for a Mold Lawsuit
By Robert Rafii, Esq. | Legally reviewed by Robert Rafii, Esq. | Last reviewed May 03, 2024
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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 are many, but often can be linked to:
- Defective building materials
- Negligent design or construction
- A failure to warn about a known problem
So, those who suffer mold exposure health problems may consider filing toxic mold claims.
But mold claims can be very difficult to prove. For instance, a black mold problem may need expert examination and testimony. 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 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. 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.
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 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:
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
For instance, 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 warranty policy that covers mold infestations?
- Prove any adverse health conditions through medical bills and records?
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. 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.
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.
Hire the Right Lawyer for a Mold Lawsuit
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 have suffered injuries as the result of a toxic mold contamination, consider talking with a toxic mold attorney right away and learn your legal options.
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