Suing Over Toxic Mold: Builder/Contractor

There are times where an individual may be exposed to toxic mold in a building.  This mold could be located in one's home or in another type of building, such as a commercial building or workplace.  Where one is exposed to toxic mold, one may seek to commence a personal injury lawsuit against a builder or contractor for any resulting injury.

What is Toxic Mold?

Toxic mold includes molds which are known as "stachybotrys."  These are molds which are typically located in wet, dark areas of a building and can result in significant medical problems. Furthermore, toxic mold frequently spreads via an internal ventilation system.

Common Injuries Caused By Toxic Mold

When an individual is exposed to toxic mold, there are certain types of injuries which emerge.  These include the following:

  • cancer
  • bleeding of the lungs
  • chronic respiratory distress
  • birth defects
  • miscarriage
  • chronic respiratory distress
  • asthma
  • memory loss
  • gastrointestinal problems

Who Can File a Lawsuit Against a Builder or Contractor for Toxic Mold

While the homeowner who utilized the services of the builder and/or contractor for the construction of the building can file a lawsuit against the builder and/or contractor for personal injury based upon toxic mold, there are other entites who could potentially file a case.  These entities include the following:

  • tenants
  • employees
  • parents of children exposed at schools, day care institutions, or day camps

Damages in a Toxic Mold Case

There are various types of damages available in a toxic mold personal injury case.  While every jurisdiction has different laws pertaining to the type and amount of damages recoverable in a case, the following represents a general overview of damages available in most states:

  • medical bills
  • future medical expenses
  • pain and suffering
  • punitive damages (designed to punish the wrongdoer and prevent future similar conduct)
  • lost wages
  • lost future wages
  • compensatory damages
  • exemplary damages

Getting Legal Help

Toxic mold cases are complex; therefore, if one has sustained an injury due to toxic mold and seeks to file a claim against a builder or contractor, one should seek the expertise of an experienced toxic mold personal injury attorney as soon as possible.  An experienced personal injury attorney can not only review your case but also assist you in selecting the most appropriate course of action.  Moreover, an experienced personal injury attorney can review any proposed settlement offers in order to make sure that the offer is fair and reasonable.  If not, the attorney will strive to ensure that any settlement meets with one's approval and provides effective compensation for the injuries, pain and suffering one has endured due to the toxic mold injury.

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