Toxic Mold

Toxic mold litigation has become popular in the last ten years. Since it is a relatively new area of personal injury law, there are still many disputes as to the science behind "toxic mold" and what a plaintiff needs to prove to succeed in a personal injury claim based on exposure to mold. You will want to be very careful about selecting a personal injury attorney who has some experience in this type of litigation. You should talk to a personal injury attorney as soon as you suspect that there may be mold growth in your home or work environment which is causing you some type of illness or harm.

One of the reasons for the scientific debate over the toxicity of mold is that it is ubiquitous (meaning it is found everywhere) and so exposure to mold cannot be avoided. A claim of exposure to amounts of mold so severe that they have a toxic affect on your body will have to be supported by a medical expert hired by your personal injury attorney; the defense attorney will hire his or her own expert to testify that there is no such thing as a toxic reaction to mold. Both parties will want testing of the environment done to establish which types of mold are present, and at what degree. Again, there is mold growth everywhere, so you will need to prove that the mold growth at the center of your personal injury claim exceeds that which you would otherwise encounter in everyday life.

There is medical evidence to support a claim of an allergic reaction to mold, so your personal injury attorney may ask you to get some allergy testing done. If you are in fact allergic to the type of mold growing in your home or workplace at higher levels than normally present, and you have allergic symptoms, your personal injury claim is on stronger ground than if you are claiming injuries due to toxic exposure. Allergic symptoms can range from mild (runny nose, headaches) to very serious (exacerbation of severe asthma.) If you prevail in your personal injury claim, you can recover damages including past and future medical bills and lost wages due to your illness. You should also talk to your attorney about recovering damages to your property (your furniture, house, etc.)

Responsible parties for personal injuries arising from mold exposure may include: the general contractor who built your home, any subcontractors whose work allowed the mold proliferation, the architect or designer of the home, any company which attempted to remediate the mold (but failed), prior homeowners who failed to disclose the mold growth or water intrusion feeding the mold growth, and the manufacturers or suppliers of any defective products (such as siding) which contributed to the mold growth. This lengthy list of potentially responsible parties is another reason you should consult with a personal injury attorney as soon as you suspect unhealthy exposure to mold, as it may take some time for your attorney to identify potentially responsible parties and you do not want to miss your state’s personal injury statute of limitations.