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How do I File a Mold Lawsuit?

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  • Written By: Lainie Petersen
  • Edited By: Melissa Wiley
  • Last Modified Date: 19 November 2016
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    Conjecture Corporation
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When filing a mold lawsuit, it is a good idea to contact an attorney who specializes in mold litigation. Although you can certainly research mold laws in your area, a good mold lawsuit attorney can inform you as to whether your case has any chance of being successful in court. You should also compile documentation of both the existence of mold in a building or dwelling as well as its effect on you or your family members. It can be difficult to prove that health problems have been caused by toxic mold exposure, so it is crucial that you seek both legal and medical expertise as you begin to build your case.

In seeking a toxic mold litigation attorney, be sure to find out whether she has a history of filing mold lawsuit cases. You should also find out whether the attorney is successful at obtaining reasonable settlements or actually winning cases in court. You can always contact your local Bar Association to determine whether the attorney of your choice is duly licensed to practice and whether he has been subject to disciplinary procedures in the past. If you are a member of any toxic mold support groups, you should ask your fellow members for referrals to someone who can help you file your lawsuit.

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Awareness about mold and the fact that many people can develop severe health problems as a result of mold exposure has led some people to take legal action against parties who may be responsible for mold infestation. In many cases, there may be more than one party whom you can file a mold lawsuit against. For example, if your homeowner's insurance company refuses your claim for mold eradication, you may be able to use the courts to force the insurance company to pay up. On the other hand, if you have reason to believe that the mold problem is longstanding, you might be able to sue the previous owners of your home or a inspector who failed to catch a mold problem. Your attorney can help you figure out which party or parties to sue so that you can receive appropriate compensation for any damages you have sustained.

Once you and your attorney determine that you have a viable case, you'll be expected to provide the attorney with information about any damages suffered by you and your family. For example, be prepared to offer up detailed information about any health conditions caused by the mold as well as their impact on your ability to function normally or earn a living. As your attorney builds your case, he may issue a settlement offer to any of your defendants. If the defendants refuse settlement, he may then actually file your mold lawsuit in court.

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