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If you are facing health issues due to toxic mold exposure, understanding your legal options is essential. This guide outlines the steps to seek assistance from a qualified attorney near you, covering the types of mold, potential health effects, and how to navigate the legal landscape surrounding toxic mold cases.
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Discover how to get legal help with a toxic mold case, including the types of mold, health effects, and tenant rights. Consult with a qualified attorney near you to navigate your options and seek compensation for mold-related damages.
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Flat vector illustration of a person consulting with a lawyer about a toxic mold case, with legal symbols like a gavel, scales of justice, and a house with visible mold growth in the background.
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Mar 4, 2025 09:04 PM
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How to Get Legal Help With a Toxic Mold Case
Lawsuits involving environmental contaminants, such as lead paint and asbestos, are fairly common. But a new contaminant has become an increasingly common subject of litigation: mold. There's significant debate in the scientific community about whether "toxic mold" is actually toxic. It's also unclear whether mold-related illnesses exist.
Types of Mold and Health Effects
Different types of mold can produce varying effects. One type of mold, Aspergillus, exists in soil and can produce toxic substances (known as mycotoxins) which irritate the lungs. Stachybotrys chartarum (also known as black mold spore), is common in buildings with water damage. Mold can also grow inside air conditioning ducts due to moisture build-up, which can cause property damage.
The Centers for Disease Control acknowledges that toxic mold exposure can produce health effects such as:
- Stuffy nose, sore throat, coughing, and wheezing
- Burning eyes and skin rash
- Worsened asthma
- Lung infections in people with weaker immune systems
Legal Aspects of Toxic Mold Cases
Given that toxic mold injuries are common, juries have awarded multimillion-dollar verdicts to tenants. Landlords and insurance companies who fail to take measures to prevent mold infestation can become liable.
Toxic mold lawsuits can involve experts who give testimony about:
- Circumstances surrounding mold growth
- Efforts relating to mold remediation, such as proper ventilation
- Health issues arising from toxic mold claims
Landlord Defenses to Liability
There are no federal laws and few state laws that specifically mention mold. Some states, like California and Texas, require mold remediation and disclaimers. It is generally illegal for landlords to rent a property that is unfit to live in, or "uninhabitable." Mold that causes health problems for tenants arguably makes a living space uninhabitable.
Tenant Causes of Action (Claims)
Tenants who become ill as a result of the presence of toxic mold may be able to sue their:
- Landlord
- Insurer
- Contractors or subcontractors
- Architects, material suppliers, and manufacturers
- The previous homeowner
Legal action can be taken for monetary damages to cover expenses related to the mold, such as medical expenses. Other than medical bills, tenants can also recover:
- Rents improperly collected while a dwelling was uninhabitable due to mold
- Damages for pain and suffering resulting from mold exposure
- Lost earnings as a result of missing work
- Costs incurred to remove mold
Find an Attorney
A personal injury lawyer with a toxic mold practice area can help you devise a strategy to recover for these issues. In a case evaluation, they can assist in determining the claims that are most likely to succeed in your state. They can also help identify defendants and retain expert witnesses that can help prove the connection between your medical issues and the presence of mold.
Conclusion
Understanding how to get legal help with a toxic mold case is crucial for anyone dealing with mold exposure. If you believe you have a mold-related claim, consulting with a lawyer near you is essential to protect your rights and seek appropriate remedies.
ReferU.AI is the only platform that leverages AI to efficiently and accurately assess each user's unique legal needs and objectively recommend attorneys based on their proven success in similar cases according to actual court records. By providing smarter results, users gain easier access to better representation and outcomes. Learn more about ReferU.AI.
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