What Are My Rights?

If you have been exposed to mold, you may have legal rights to damages.
Please note that we are also offering a Free 15 minute phone consultation with an expert attorney in mold litigation.

Overview

If you are on this page, then you are probably confused and frustrated. Confused by the vast amount of misinformation on the internet concerning the health effects of mold and the prescribed methods for eliminating it, and frustrated that no one believes or understands the extent to which this silent and unseen microbe has negatively impacted your health and social life. The thought of mold colonies infesting your home and releasing thousands of microscopic spores that contaminate your furniture, your clothes, and the air that you breathe can be very frightening, leading to stress, anxiety, sleepless nights, and other adverse health effects. Far from offering us sanctuary, a mold-infested home can become like a prison and relocating can be very costly. Furthermore, licensed and competent remediation companies can be difficult to find and very expensive, and there is no guarantee that the remediation process will completely eliminate your mold problem.

Most Insurance Companies exclude coverage for mold-related injuries

Meanwhile, many insurance companies exclude coverage for mold-related injuries, and negligent landlords, manufacturers, and real estate brokers will often refuse to acknowledge the existence of the mold, much less offer to compensate you. To complicate matters further, most lawyers avoid mold litigation, making it difficult to find a law firm with the knowledge to successfully handle your case.

At Medical Treatment Centers of America, we can put you in contact with attorneysthat focus heavily on mold litigation, enabling them to develop an effective and detailed approach for representing their clients’ mold claims that includes working with some of the best mold experts available. Most importantly, though, they have witnessed the devastating effects of mold infestations, and are ready to listen to you.

Mold can be a big problem

Mold problems can cause property damage and adverse physical and psychological effects. In many cases, a water intrusion or leak occurs, perhaps as the result of a pipe bursting, and within 24-48 hours, the mold begins to incubate (grow). Even if your landlord or plumber has quickly repaired the intrusion and used fans to dry the area, mold may have already begun growing. Due to its small size, mold can penetrate the same small areas as dust particles, and, initially, you may not even notice the growth. Moreover, even if you could locate the mold growth, common cleaning agents, like bleach, will only eliminate certain species of mold. The mold may begin to grow on furniture, causing property damage, and as it begins to release spores into the air, you may have an adverse reaction, such as lethargy or respiratory distress. At this point, it is imperative that you alert your landlord, preferably in writing, that the problem exists, holding onto a copy of the letter to prove when the landlord was informed of the situation.

If you are unsure of whether you have a mold problem or suspect that a prior mold problem was not properly remediated, then you should contact a licensed mold or environmental expert to examine the property.

The Landlord is responsible for Mold Problems

The landlord should take appropriate action to clean up the mold. All too often, a landlord will merely paint over the mold instead of hiring a licensed remediation team to professionally address the problem. If the mold is not completely removed, it will grow back and continue to cause damage to property and the personal health of the tenant. A person’s reaction to mold can vary, with some people feeling very little effect while others experience great hardship.

An excellent description can be found on the Centers for Disease Control’s website:
http://www.cdc.gov/MOLD/dampness_facts.html

Take Advantage of Your County’s Code Enforcement Officer

In the case of an infested apartment or leased property, if the landlord refuses to adequately address the mold problem, either through professional remediation or offering the tenant an alternative dwelling place, you should contact your county’s Code Enforcement Office and ask a Code Enforcement Officer to come inspect your property. If the Code Enforcement Officer suspects that there is an extensive mold problem, then the officer will have one of the county’s health inspectors examine the property. If the health inspector finds that there is a significant mold infestation, then he/she will likely recommend that the landlord either relocate the tenant, professionally remediate the property, or release the tenant from his/her lease. It also helps if you provide the health inspector with a copy of your professional mold inspection report, if you have one, or have your mold inspection expert contact the health inspector to discuss the infestation.

My landlord or builder will not take any responsibility for cleaning up the mold in my home. Where can I go for help?

Expenses Can Be Recouped through legal means

At all times, you should keep a record of the costs associated with the mold, including the cost of doctor’s visits, prescriptions, sick time, the cost of any property that is damaged, and any expenses that you have incurred in obtaining alternative living arrangements. If you can prove that the costs were the result of the negligent party’s refusal to address the mold problem, they can be recouped from the negligent party through legal means. Once again, a mold inspection specialist can help you estimate the extent of the mold damage to clothing and furniture and help to estimate the cost to remediate the property.

If you find that you are having adverse health consequences, you should immediately try to relocate or replace the contaminated product, if possible. After removing yourself from the toxic environment, you should begin to feel better, which is the most important thing. Remember, though, that you should contact a mold inspection expert before trying to remove your furniture, clothing, and other belongings from the contaminated premises, because microbial cross-contamination can occur when moving potentially contaminated belongings into a new space. A mold inspector or licensed remediation expert can advise you on how to properly store and disinfect your belongings before moving them into your new or alternate residence.

Obviously, doctor visits, mold inspectors, remediation companies, and movers cost money. Unfortunately, recouping your losses due to a mold problem can be a hard thing to do on your own. If a landlord wasn’t willing to spend the money to clean the mold, then they are probably not inclined to be sympathetic to your losses. At that time, you should consider a lawyer.

Legal Fees will be on a Contingent Basis

The attorneys to whom we will refer you will work on a contingency basis, meaning that if you do not recover any losses, you do not owe any money to your lawyer.