Molds are very common around houses these days. They are generally behind the wall, due to which homeowners are unaware of their existence. Their presence can cause a lot of damage to the health of the homeowner as well as it can cause property damage.
If you have suffered damages caused by molds in a rented home, either your repair company didn’t properly inspect the house or have property damaged because of mold. You can definitely file for a Mold lawsuit so that you can get fairly compensated for the damages you faced.
But when it comes to the settlement, what is the actual deal?
How much can you expect from the mold lawsuit? Here we will uncover the average settlement amount for a toxic mold lawsuit:
What’s the Deal with Toxic Mold?
Before we understand and discuss dollars and cents let’s first understand what is toxic mold. Toxic Mold is also known as black mold and Stachybotrys Chartarum which is also a type of fungus or algae that grows in dark and moist environments.
This is not a normal mildew that grows inside a house, it can have serious implications both on health and property. You can get infected with respiratory issues, allergic reactions, and even neurological symptoms in some severe cases. Further, these toxic molds can destroy your property, health, mental peace, and personal belongings.
It’s not hard to understand why people are taking legal action for the personal injury they faced because of unwanted toxic molds. These lawsuits involved people who have rented a place but have to suffer because of homeowner negligence.
Many times landlord ignores the issue of water damage and a contractor ignores his job and messes up the repair job. In these cases affected person and parties ask for compensation for the damage to property health and overall distress.
This is not just about money but also about making responsible people understand their duties so that these people will be more careful in the future and make sure that the same mistakes don’t happen in the future again.
What Will Be The Average Mold Settlement Value You Can Expect?
Since every case is unique and has a different settlement amount, let’s understand the figure based on past settlement and industry data. On average we have seen that a toxic mold lawsuit settled for anywhere between a few thousand dollars to a million dollars in settlement.
Giving an actual figure is impossible since toxic molds can have different kinds of complications. The settlement amount will definitely be determined based on the physical injury and property damages it caused. Further, the location of the negligence also plays a crucial role in determining the settlement value.
Factors That Can Effect The Settlement Value
Not all toxic mold lawsuits are the same, so the settlement value will also differ based on certain factors related to the case. Let’s check some of the mold lawsuit settlement value determining factors:
Severity Of Injuries: Plaintiff who suffered more serious health problems from toxic mold, the higher the chances of getting a good settlement amount. Chronic respiratory health issues which include asthma and other diseases and long-term neurological effects can have a big impact on the settlement amount, in comparison to minor and short-term health issues.
Extent of Property Damage: In case a toxic mold causes a lot of property damage and structural damage to your home, office, or any other personal property, you are eligible to get a higher settlement amount.
Negligence Level: The responsible party’s action plays a crucial role in determining the mold lawsuit settlement values. If a property owner takes a long time to fix issues like a water leak even after several complaints are liable to pay a lot in expenses, in comparison to someone who fixed the issues promptly.
Detailed and Documented Evidence: A well-documented, proper, and clear detailed evidence of mold growth can have an impact on mold lawsuit value. These including the causes and the impact on you whether it is physical or property damage can increase your settlement amount automatically and can also help you to get proper and sometimes might be a huge settlement amount.
Always be aware that the above-mentioned facts work together to create a proper picture of your case and also increase the chances in your favor. Well-documented evidence can help you get a higher settlement.
Why Some Cases Cash in Big (and Others Don’t)
So you might be thinking why some Toxic mold cases result in huge settlement amounts while others settle in very little. Let’s go deeper and understand the key factors that can boost your settlement amount and the issues that might narrow your disbursement or payout.
Factors that play an important role in increasing the settlement amount:
- Critical and long-lasting health diseases: If you can prove or demonstrate that the mold exposure has affected you to an extreme scenario with chronic health issues or lifetime damage of the organs. you are eligible for a higher settlement.
- Massive Property Damage: The settlement amount increases with the increase in damage to the property or the extent of the affected property.
- Well-documented evidence of negligence: In this scenario, you have to provide valid and well-documented evidence that shows negligence responsible party was already aware of the situation but tried to escape from that or ignored the mold problem and did nothing about the problem. Also, you might have to prove that the responsible party tried to cover up the situation which brings you into a stronger position.
- Many affected parties: These are class action lawsuits that consist of multiple victims affected by mold problems and help them to get higher settlement amounts overall.
- Exceptional Legal representation: A well-experienced attorney who specializes in mold cases can also help you in getting a justified settlement or can often negotiate a much better settlement.
10 Steps to Maximize Your Mold Settlement Amounts
Imagine you are stuck in a toxic mold situation and thinking of legal action, you must follow the below steps that help you strengthen the lawsuit and also increase your potential settlement amount. Please read and follow the below steps:
- Document every detail: Gather every piece of evidence in the form of photos and videos of the mold growth including the damage to the property if there is any. Document every detail with the time frame and your attempts to address them related to mold issue.
- Take immediate medical assistance: Consult the doctors immediately if you are facing any health issues, and maintain all the records properly that are related to mold exposure.
- Highlight the problem: Keep the responsible person informed whether it is your landlord, property manager, or any relevant and legal authority. Please make a note and give a complaint or inform in writing which can be used as evidence during your lawsuit.
- Hire a Professional Mold Inspector: Consult and hire a professional mold inspector who can examine the problem properly and provide you with a detailed report in writing.
- Save your receipt: Maintain all bills and receipts that are related to your medical expenses, repair costs, and temporary housing costs that will help you during your settlement.
- Don’t be in a hurry to clean too quickly: it is very important for your health condition to clean the mold but don’t forget to take proper evidence and document the details before clearing it.
- Consult your attorney: Always consult a legal advisor or attorney who is an expert in mold-related cases as they can guide you in the proper direction or provide you with detailed information related to your cases.
- Be patient: Always remember that you might receive an early offer to close the case but we suggest not take or accept any offer in the early stage of the lawsuit. Consult your attorney discuss the details and understand the long-term process and consequences. In some cases, waiting and continuous negotiations resulted in a large settlement amount.
- Stay organized: Keep every document whether it is a bill receipt or any document related to your case in one place and in proper series so that you can access them on time without any struggle that will also save you time and help you in your lawsuit.
- Be prepared for a long fight: You might have to face resistance in large settlement amounts from the property owner or insurance companies. So it is important to keep yourself ready for a lengthy legal process.
If you follow all the above steps you will be in a stronger position in your lawsuits which helps in negotiating a deserving settlement in your toxic mold case. Keep in mind, A well-documented evidence and a good legal advisor are the main keys to your claim.
Conclusion: Is It Worth the Fight?
As we have approached the conclusion of a deep investigation of toxic mold lawsuits, let’s review and understand the information we have obtained about the average settlement and discuss whether it is fair to pursue legal action. Hope you remember that the average toxic mold settlement case range starts from $10,000 to $500,000, whereas residential cases come in between $10,000 to $100,000 and commercial cases might go up to $500,000 or beyond.
Above mentioned figures vary and depend on multiple factors as the level of negligence of the matter or issue, the amount of property damage, and the severity of the health problem involved or faced.
So the question comes is it worth fighting toxic mold lawsuits?
Yes, toxic mold cases it is worth fighting.
If you have faced severe toxic health issues, damage to the property, and many other cases and issues because of toxic mold exposure which includes other’s negligence of the matter, seeking legal help and advice can help you get the cost of damage and compensate for all the suffering.
But this is not the decision you should take light and very casual way. These legal issues and lawsuits are time-consuming, full of stress, and possibly very costly if your case doesn’t have enough evidence. So it is advised to evaluate your case properly, collect and document each piece of evidence, and consult a legal advisor before proceeding further.
Always keep in mind every case is important and unique. There are high chance that what works for someone else case might not help or apply to your case. Since now you have the information we have provided regarding average settlement, important factors, and steps to follow in support of your case, you have to decide whether to file a toxic mold lawsuit or not.