New House Mold Problem Injury Law
Our new house had a terrible mold problem that we discovered soon after we moved in, and we had to get the problem fixed immediately. Can we recover money to compensate my family and I for the physical symptoms we suffered and for our costs to make our home livable?
Maybe. In addition to your actual costs of mold remediation, you should be able to recover for your physical symptoms and illnesses resulting from exposure to toxic mold. If your medical claims are measurable and you can demonstrate a direct relation to the mold, you can be compensated for them.
When you bring a personal injury claim for physical problems, you will have to have expert testimony to establish a causal connection between mold exposure and your injuries. You must not only show that mold can cause the type of injury you have, but also that you (and your affected family members) had sufficient mold exposure to cause your injuries.
You might be able to recover against your homeowners insurance, and/or against whomever may have been responsible for the underlying problem or potential construction defect, whether was a developer, an architect, a general contractor or a subcontractor. You might also be able to sue the previous homeowners if they knew about the mold but failed to disclose the problems at the time of the sale; the same goes for a realtor, or maybe even the lender backing the sale. Did you have an inspector who should have detected the problem? He or she might be partially responsible as well.
Depending on the severity of your symptoms, the amount you stand to recover will vary. If, for instance, you have simply suffered from a runny nose and periodic headaches, you do not stand to gain a huge recovery. On the other hand, if your son has developed a permanent asthmatic condition that will affect him for the rest of his life, the damages stand to be much higher (to take into account future medical costs as well as loss of the quality of life). An experienced attorney will be able to help you determine who might be responsible and what your personal injury claims are likely worth. You should contact an attorney as soon as you can, because each state limits how long you have to sue through a statute of limitations. If you would like to have a knowledgeable attorney review your case at no cost or further obligation, please fill out Free Advice’s case evaluation form.
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