how to hire a lawyer for mold

by Leda Wolff 7 min read

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:

Full Answer

What kind of attorney should I hire for a mold lawsuit?

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:

Is a toxic mold attorney the right fit 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.

What do I need to know about mold litigation?

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.

How can I prove that my Landlord has a mold problem?

Proof of a mold problem should be provided in the form of a mold inspection by an independent licensed professional. The landlord should pay for the inspection to be done but they could refuse. 3. Proof that your health has changed for the worse because of the mold problem in the rental. 4.

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Can you sue for toxic mold?

If you have developed health problems, suffered property damage, or incurred other types of losses because of a mold infestation, you may be able to file a legal claim to get compensation for your injuries or losses, including the cost of getting rid of the mold (called "mold remediation").

How do you get tested for mold exposure?

Blood test. Your doctor takes a blood sample and then sends it to a laboratory to measure the number of certain antibodies, which can indicate your immune system's sensitivity to different mold species.

What are symptoms of mold exposure?

The most common symptoms of mold exposure include:Coughing.Postnasal drip.Sneezing.Dry, scaly skin.Itchy eyes, nose, or throat.Nasal congestion.

Can I sue my landlord for mold exposure Ontario?

Yes, you can sue your landlord for mold issues. Whether you've just noticed mold, you or members of your family have developed symptoms of mold infection, or your household goods or personal property were damaged by mold, give us a call to schedule your free, no-obligation consultation.

How long does it take to get sick from mold exposure?

These symptoms usually first appear 2 to 9 hours after exposure and last for 1 to 3 days. Other affected persons have progressive shortness of breath and cough, as well as weight loss. Work-relatedness may only become apparent over long holidays if symptoms resolve and then recur on return to work.

Will a chest xray show mold?

Imaging test. A chest X-ray or computerized tomography (CT) scan — a type of X-ray that produces more-detailed images than conventional X-rays do — can usually reveal a fungal mass (aspergilloma), as well as characteristic signs of invasive aspergillosis and allergic bronchopulmonary aspergillosis.

Is there a test for mold toxicity?

A blood test, sometimes called the radioallergosorbent test, can measure your immune system's response to mold by measuring the amount of certain antibodies in your bloodstream known as immunoglobulin E (IgE) antibodies.

What happens if you breathe in mold for a long time?

Toxic mold exposure is also connected to more serious, long-term effects like insomnia, memory loss, trouble concentrating and confusion. Mold exposure contributes to depression and anxiety. It can even lead to muscle cramps, numbness in extremities, weight gain, light sensitivity and hair loss.

Can mold grow in your lungs?

The mold spores can colonize (grow) inside lung cavities that developed as a result of chronic diseases, such tuberculosis, emphysema, or advanced sarcoidosis. The fibers of fungus might form a lump by combining with white blood cells and blood clots.

Are landlords responsible for getting rid of black mold?

Discovering Black Mold in Your Rental: First Steps The landlord is legally responsible for removing the mold and reimbursing you for any additional costs you have sustained. Even if you don't suffer any injuries, a landlord's failure to maintain a mold-free environment violates the implied warranty of habitability.

How do tenants deal with mold?

If you believe a departing tenant caused a mold problem (beyond ordinary wear and tear) in an apartment or rental unit, you might wish to deduct the cost of cleaning from that tenant's security deposit. California law allows landlords to do this, provided they give the tenant a written explanation of the mold damage ...

Is the landlord responsible for mold?

As a landlord, it's both your legal responsibility and a duty of care to your tenants to make sure your property is free of damp and mould. To do this properly, you need an expert to diagnose the problem and then, ideally, secure a fix that also has a quality warranty.

Where does toxic mold grow?

Toxic mold grows in warm, damp places which are well stocked with nourishment, such as sheet rock and old carpet. Spores are the individual mold organisms which travel in the air. When humans ingest, inhale, or touch a toxic mold spores, they are then exposed to the dangers.

What is a personal injury lawyer?

Personal injury lawyers represent those who have been injured by toxic mold contamination. They seek damages designed to compensate the victim for his or her suffering, and to punish those who contributed to or caused the mold problem. These attorneys are often seasoned in other areas as well a trait which makes them effective litigators for ...

Can mold cause death?

Prolonged exposure to toxic mold spores may cause irreparable damage and sometimes death. A toxic mold claim is built on liability. Those responsible for the maintenance of the contaminated building may not be liable for the mold. For example, the janitor may have used the cleaning protocols issued by his employer.

What are the Legal Remedies Available in a Mold Exposure Lawsuit?

For instance, if a building owner or property manager fails to perform mold remediation measures when needed, they might become liable for any injuries sustained by the occupants of the building.

What are some examples of mold laws?

For example, California’s Toxic Mold Protection Act of 2001 has established remediation standards for landlords, owners, and contractors.

Why Should I Trust a Mold Remediator?

If you are still hesitant, check the mold remediator’s credentials against what your state’s law requires.

Should I Get a Lawyer to Help Me with My Mold Remediation?

If you are a tenant whose landlord refuses to hire a mold remediator, then contact a local housing rights group and they will be able to advise you of your rights. Often these groups can offer free resources and guide you through paperwork and filing steps, before you need to consider a private lawsuit.

What to do if your insurance doesn't pay for mold?

If you are a homeowner with a mold problem and your insurance company will not pay, consult a property lawyer who will be able to help you assert your rights and keep your home safe. A lawyer can help provide advice, representation, and valuable guidance for your case.

What is mold remediation?

Mold remediation is the process of removing molds from an affected area. Mold can be toxic and cause major health problems, like asthma, rashes, or nausea. Toxic mold often affects places, such as homes, schools, or workplaces. The most common places for mold to grow are: On roofs or ceilings, especially where there is a leak.

Why is mold remediation important?

Mold remediation is often considered necessary because exposure to toxic mold can lead to serious injury in some cases. For instance, exposure to mold can lead to various forms of lung diseases and chest diseases. These types of injuries can be debilitating and can create long-term medical problems for the affected user.

Who represents toxic mold victims in New York?

All too frequently, this suffering is a result of someone else’s negligence. The New York toxic mold attorneys attorneys at Jacoby and Meyers represent individuals with toxic mold exposure claims throughout the New York City area. For over 40 years we have helped injury victims obtain the just compensation they deserve.

What is toxic mold?

Toxic mold cases involve proving injury and negligence. The mold that spread havoc could be caused by the actions or inactions of landlords, contractors, or service providers. Other liable parties could include a realtor or seller who failed to disclose a mold condition, a medical provider who did not diagnose or properly treat your mold related condition, or a co-op board for failure to remediate the situation.

Do personal injury attorneys pay fees?

We are committed to providing affordable legal representation to those in need. Our personal injury clients pay no attorneys fees until and unless we successfully settle your case or win a verdict in your favor.

Is mold dangerous in a house?

Mold in your home can lead to a host of health issues. It may be hiding and growing where you can’t see it – behind walls and under floors – but your body knows it’s there. The types of mold that grow inside your living area can often be dangerous, even toxic, making you sick.

South Philly Mold Lawyer

Robert Maizel is a Multi Million Dollar Verdict Winning Attorney who specializes in helping clients who have Mold Exposure, Toxin Exposure and Chemical Exposure Injuries. Most cases related to Mold Exposure, Toxin Exposure and Chemical Exposure Injuries come from Property Damage Losses that occur right in our client’s homes.

Robert Maizel, Esquire

Robert Maizel is an Experienced Trial Attorney in Philadelphia with over fifteen years of trial experience.

What happens if a landlord doesn't take care of mold?

If the landlord doesn’t take care of leaks and mold grows as a result, you might be able to hold the landlord responsible if you can convince a judge or jury that the mold has caused a health problem. There’s a but….

What Should A Tenant Do When The Landlord Won’t Fix The Mold Problem Or Wants To Do It Themselves?

Regardless of who is right or wrong, both party’s goal should first get a proper diagnosis to determine if there is indeed a problem and then if there is a problem, how to fix it.

What does mold in a rental mean?

This means showing documentation of your correspondence with the landlord about any leaks / water intrusions or visible mold growth. Proof of either visible or hidden mold in a rental.

What is black mold?

The black toxic mold you hear about is most often Stachybotrys which is one of the few types of mold that produce mycotoxins which can really cause negative health effects. This is why it is very important not to move into a moldy rental to begin it.

How to save landlord tenant mold drama?

You can save any future landlord-tenant mold drama by putting EVERYTHING into writing in the lease.

Why is mold in my rental property?

A mold problem generally occurs because of one of two reasons (sometimes both at the same time): A leak or other water intrusion. High indoor humidity. Without either of these your chances of having a mold in a rental are reduced.

How often should a landlord inspect a house?

Before the tenant occupies the property, a landlord should come up with some kind of schedule to have the home inspected to prevent mold. Once a quarter should probably be sufficient but that will be up to both the tenant and landlord to decide.

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