When you find that your new home is infested with toxic mold, you may have no idea what, if any, legal remedies are available to you. How can you prove that you did not cause the mold to take root and grow in your home? And how can you know for sure whom the responsible party is?
Rather than tackle these questions alone, you can pursue the best course of action by consulting a lawyer who specializes in negligence, breach of warranty, and failure to disclose cases. You can target the right party and prove the theory that best accommodates your toxic mold lawsuit when you retain legal counsel to assist you.
Common Subjects of Toxic Mold Lawsuits
Who are some of the parties who could be held responsible for your home’s toxic mold infestation? Depending on the circumstances, you could pursue action against:
- the previous owner
- contractors or subcontractors who worked on your house prior to buying it
- the suppliers or manufacturers of materials used in your home’s construction
- the house’s architects and engineers for failing to utilize plans that would discourage mold growth
Your lawyer can help investigate the causation of your home’s toxic mold and determine who should be held responsible. Your attorney can also tailor the lawsuit to help you recoup expenses if your mold infestation has caused you to suffer mold-related illness, structural damages to your home, or remediation costs to have the mold cleaned up and removed.
Pursuing Damages with a Toxic Mold Lawsuit
As noted, you may be able to pursue compensation for expenses that are related to your home’s toxic mold infestation. Your lawyer can ask the court to award you damages for:
- medical costs: You may be able to recoup money that you paid out for testing, diagnostics, medications, and other similar costs. The amount that you can ask to be paid back will depend on the severity, duration, and prognosis of your illness as well as the amount of your medical expenses.
- cleanup and structural repair costs: Your lawyer can ask the court to award you damages for costs related to cleaning up the toxic mold in your house or the repair expenses related to having the flooring, walls, subflooring, furniture, and other structures removed and replaced.
- professional contractor services: Getting rid of toxic mold in structures like your home’s ventilation system is complex and expensive. Your homeowners insurance company may require that you hire a professional contractor for this task. You can ask for the money to be paid back to you by the defendant through your lawsuit.
It is important that you keep all of your receipts and invoices related to addressing the toxic mold in your home. You can use this proof to seek compensation from the defendant in court or through a settlement.
Toxic Mold Liability Theories
The basis of your toxic mold lawsuit will be the theory that you intend to prove with your case. You can base your lawsuit on several theories most often utilized in these types of cases. They include:
- Negligence: Negligence means that the previous owner, contractors, subcontractors, architects, and others failed to use reasonable care to prevent or address the toxic mold infestation. Their negligence caused your mold-related illness, structural damages, and cleanup costs.
- Breach of Warranty: Breach of Warranty refers to the violation or failure to honor the warranty related to work and services carried out on or in your home. The failure to honor the warranty resulted in the mold infestation or the refusal of the responsible party to address it properly. The statute of limitation on such contractor work varies from state to state.
- Failure to Disclose: Failure to Disclose means that the responsible party failed to tell you about the mold infestation or conditions that could cause it. This theory could be applied to the former owner, inspector, real estate agent, contractors, and others.
Proving one of these theories on your own can be difficult or even impossible. When you believe that you have a case that can sufficiently be built on one of these applicable toxic mold lawsuit theories, you should consult an attorney before filing your case in court.
Retaining Legal Counsel
After finding toxic mold in your home, you may simply want to get rid of it so that you and your family can go back to your normal life. However, that simple goal may be more difficult than you realize unless you take the proper actions to address the problem in the best legal way possible.
You should not have to pay to clean up or get rid of the mold. You also should not pay for the medical expenses you and your family incur because of being exposed to black mold in your new home. You can get back to your normal life and recover from any mold-related illness from which you suffer by pursuing a lawsuit against the responsible person or party in court.
Your lawyer can gather the evidence you need to take your case before a judge or jury and win. You also can settle the case out of court if your lawyer and the legal team for the defendant deems it in your best interest.
Before you settle the case, you should allow your attorney to work out the compromise on your behalf. You should receive a settlement that is based on previous cases like yours and also an amount that fairly covers your damages and suffering.
When the toxic mold was in your home long before you bought it, you may have a case to pursue against the previous owner, contractors, real estate agent, inspector, or others who had a hand in your home’s sale. You can decide what medical, structural, contractor, and other costs to pursue compensation for and on what theory to base your lawsuit by consulting with a skilled lawsuit attorney today.