Settlements for Toxic Mold Lawsuits
No one knows precisely how many homes have mold hiding in their walls. However, the current estimate is about 70 percent [1]. What is even more alarming is that it is highly unlikely that there is a home in the world without some Stachybotrys (toxic mold) spores in it. Of course, mold can be smelly and unsightly, but what happens if you’ve had exposure to mold?
Black mold, or often referred to as toxic mold, is one where the damages can go far beyond simple impacts to the property. With toxic mold having the downside of causing you health challenges it is natural that you would evaluate the opportunity of filing a lawsuit to help with your impending healthcare needs.
While you might initially feel overwhelmed with the thought of filing a lawsuit; remember you are in the injured party through no fault of your own. When considering suing for being exposed to black mold consider the following scenarios:
- Rental Property – If you are renting a property and you are exposed to black mold you could have the ability to sue the landlord and even the property manager. Your lawsuit should not only take into consideration your health challenges but also damages to your personal property.
- Repairs After a Disaster – In the event your home experienced water damage from a flood or other water intrusion this can expose your property to conditions that could lead to black mold. If your home was repaired by a company or licensed professionals then you could have a lawsuit against them for your damages related to that repair and the toxic mold you have been exposed to.
- New Home Build – New home builds have a wide variety of materials, tradesman, and professionals involved to ensure a quality product is delivered. Unfortunately sometimes people take shortcuts or they might have been given faulty materials from a supplier. If you purchased a new property you could have a lawsuit that includes professionals from the architect to even the suppliers of materials.
These are only a few of the scenarios that you could sue for. To understand the possibilities of your lawsuit it is best to contact an attorney who specializes in black mold cases.
Mold Lawsuit Settlement Amounts
Settlement amounts for toxic mold claims vary depending on the level of mold exposure, if the responsible party knew there was a presence of mold and neglected to remove it, and damages incurred.
It goes without saying that each case involving toxic mold is unique. The amount of a settlement will vary widely, depending on the specific factors involved in a case. Some of the relevant factors include the specific geographic location where the home is located, what caused the mold to occur in the first place, and the nature and severity of the damages suffered by the injured party. To help you understand more about how a settlement in your case might look like, consider the following cases:
- Leaky Roof Leads to $48 million settlement – In April of 2021, a case of a seemingly simple leaky roof resulted in conditions that resulted in the plaintiff suffering a “host of symptoms”. The symptoms ranged from digestive challenges, the nervous system, and more which are expected to be lifelong issues. With the failure of the contractors and building management to properly fix the issues she was awarded the $48 million dollar settlement.
- Workplace Woes Leads to $18 million settlement – The challenges resulting from toxic mold are not specific to an individual residence. In a case in North Carolina, Baxter International agreed to pay $18 million to resolve its criminal and civil liability claims. In this case management ignored pleas from an employee that identified mold was present in air filters. These types of cases demonstrate that not only do you deserve a safe place to work but that if management doesn’t rectify the challenge you could receive financial compensation for being unnecessarily exposed to mold.
- Construction Defects Results in $22.6 million Settlement – When you think of new construction it is unlikely that you are thinking about toxic mold. For one family in Manhattan Beach they claimed that their baby suffered damages that will result in requiring 24-hour care. In this case the claim was that the lumber company, Crenshaw Lumber Co Inc, improperly stored the studs which then resulted in toxic mold. A case such as this demonstrates that even if everything is “brand new” you could be at risk.
With the unique aspects of each case and the fact that geographies such as Florida could be more susceptible to winning a toxic mold lawsuit it is important to speak with an attorney to allow them to understand more about your case. Being exposed to a dangerous element is already risky enough and if you have been exposed it is important to seek a settlement that can help you to get the care you deserve.
Is Mold Making You Sick?: Toxic Molds Syndrome (TMS)
Toxic Molds Syndrome (TMS) is an illness that occurs due to exposure to the spores of specific molds in the air. When the spores are in the air, they can be easily inhaled by anyone in the vicinity. These molds produce a poison called mycotoxin. Mycotoxin is widely known for causing severe health issues. Symptoms of TMS include:
- Fever with or without accompanying aches
- Nose and throat irritation
- Burning or watery eyes
- Dizziness
- Lung congestion and shortness of breath
- Nausea
People who suffer from weakened immune systems are more likely to experience the harmful effects of toxic mold. Those with allergies or chronic respiratory illnesses may have more profound symptoms of exposure to toxic mold. Children and the elderly are especially vulnerable populations when it comes to the negative consequences of toxic mold exposure.
If left untreated, a person can develop serious health conditions and can have long-term effects.
Risk Factors for Developing Toxic Mold
Specific environments are more at risk than others for developing toxic mold. While mildew found in bathrooms and under lawn furniture is frequently harmless, toxic mold can also thrive there. Areas with poor humidity control, water leaks, or flooding are more prone to developing toxic mold.
Proving a Toxic Mold Case
If your exposure to toxic mold could have been avoided by others acting reasonably, you might have a compensation case. Just like all other personal injury cases, there are specific elements that a plaintiff in a toxic mold case must prove for the case to be successful with the help of their attorney.
First, you must establish that the illness or disability occurred due to exposure to toxic molds. Medical records regarding the plaintiff’s lung tissue might be all you need. However, proving the presence of disease with mold exposure as its cause is only one element. The victim must also show that mold exposure exists and that the defendant, typically a landlord or building manager or owner, was negligent in preventing or removing the conditions causing the mold.
Furthermore, the plaintiff, with the help of their attorney, must be able to prove their damages. Damages in toxic mold cases can include:
- Medical bills
- Lost wages
- Relocation costs
- Lost productivity due to a chronic illness
- Pain and suffering are also compensated, especially if the plaintiff has lived with toxic-mold illnesses for a lengthy period of time
Damage awards are meant to compensate the victim for both economic and non-economic tolls from mold exposure. Toxic mold injury sufferers can recover more than just the cost of medical bills. The courts may also award monetary value for the treatment, relocation, or eradication of the mold.
A judge in mold exposure cases can award what is known as punitive damages. These are meant to punish the defendant and deter them and others from making the same harmful decisions in the future, whether they are property owners or the supplier of faulty materials. Punitive damage awards can be relatively high, if necessary, to make the defendant understand the enormity of their negligence.
Do You Need a Financial Solution Now?
If you are awaiting a settlement in your toxic mold case, time can drag on. You might have medical bills coming due, and you don’t know how you will cover them. Even everyday bills can become a challenge due to missed time at work related to your toxic mold illness. You may feel as if there are no viable options for the financial problems you face as a result of your exposure to toxic mold. If this sounds all too familiar, now is the time to explore how pre-settlement funding can benefit your injury claim.
With lawsuit funding, you can get the money you need to improve your financial situation now instead of waiting an undetermined amount of time for your claim to settle or receive a court award.
To find out if you are eligible for pre-settlement funding through USClaims, complete an application online, or give us a call at 1-877-USCLAIMS today! After approval, you could receive your funds in as little as 24 hours. We don’t look at your credit score nor require that you have an income; we only require that you have an eligible case and be represented by an attorney.
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