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Toxic Mold

Tips for successful toxic mold litigation

The two most commonly occurring types of toxic mold are Stachybotrys and Memnoniella. Toxic mold exposure is very dangerous, as it can make a previously healthy person chronically ill.

Toxic mold symptoms vary in type and severity, according to the length of exposure and the amount of mold you were exposed to. At the mild end of the spectrum, toxic mold causes headaches, rashes on the skin and breathing problems. With exposure to significant amounts, these symptoms can become chronic. In extreme cases, lung disease, memory loss and brain damage can occur. Toxic mold poisoning can even be fatal to infants and people with weakened immune and respiratory systems.

It is the responsibility of property owners to remediate any toxic mold that may have built up on their premises. If you have gotten sick as the result of toxic mold exposure, you may have the basis to file a legal claim.

Who Is Responsible for Toxic Mold?

Under normal circumstances, there are four cases in which you can sue for toxic mold exposure:

  1. You became ill after moving into a rental unit. In this case, the property manager or landlord will be held responsible for your toxic mold exposure, as this should have been addressed prior to your moving in.
  2. Real estate law requires sellers to inform buyers of all known problems and issues with the house. If you were not told about a toxic mold problem in a house you bought and the sellers were aware of it, you may be able to collect damages.
  3. You developed toxic mold symptoms after moving into a brand-new home or apartment. The contractors who built the building may be legally responsible for the presence of toxic mold.
  4. You were sold household or building materials that were contaminated with toxic mold. Either the supplier or the manufacturer will be legally liable.

Recovering Damages Through Toxic Mold Litigation

Not only can toxic mold exposure make you sick, it can also seriously inconvenience you and disrupt your life. Successful plaintiffs are eligible to recover the costs of their medical treatment as well as monies intended to cover future medical expenses, if additional care will be necessary. You can also be reimbursed for your home inspection and repair, the cost of your alternate housing while your repairs were taking place, and for the value of any furniture or household items that were damaged or destroyed by the toxic mold. Your inconvenience and emotional distress may also influence the amount of your toxic mold litigation settlement.

These cases are usually handled by personal injury lawyers if people fell ill as the result of toxic mold exposure, or by real estate or insurance lawyers if you are seeking compensation for repair costs.

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