Molds are widespread around houses these days. They are generally behind the wall, so homeowners are unaware of their existence. Their presence can cause a lot of damage to the homeowner’s health and property.
If you have suffered damages caused by molds in a rented home, your repair company didn’t properly inspect the house, or you have property damaged because of Mold. You can file for a Mold lawsuit to 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 discuss dollars and cents, let’s first understand toxic Mold. Toxic Mold is also known as black Mold and Stachybotrys Chartarum, a fungus or algae growing in dark and moist environments.
This is not a normal mildew that grows inside a house; it can seriously affect health and property. Infected people can get respiratory issues, allergic reactions, and even neurological symptoms in some severe cases. Further, toxic molds can destroy their 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.
Landlords often ignore the issue of water damage, and contractors ignore their jobs and mess up the repair job. In these cases, the 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 helping responsible people understand their duties so that they will be more careful in the future and ensure that the same mistakes don’t happen 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 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 cause various complications. The settlement amount will definitely be determined based on the physical injury and property damage 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: The more serious the health problems of the plaintiff who suffered from toxic Mold, the higher the chances of getting a reasonable settlement amount. Chronic respiratory health issues, which include asthma and other diseases and long-term neurological effects, can have a significant impact on the settlement amount in comparison to minor and short-term health issues.
Extent of Property Damage: If a toxic mold causes a lot of property damage and structural damage to your home, office, or any other personal property, you are eligible for a higher settlement amount.
Negligence Level: The responsible party’s actions determine the mold lawsuit settlement values. Suppose a property owner takes a long time to fix issues like a water leak, even after several complaints, and is liable to pay a lot in expenses compared to someone who fixes the problems promptly.
Detailed and Documented Evidence: Well-documented, proper, and detailed evidence of mold growth can impact the value of a mold lawsuit. Include the causes and the impact on you, whether physical or property damage. This can increase your settlement amount and help you get a proper settlement amount, which can sometimes be huge.
Always be aware that the facts mentioned above 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)
You might be wondering why some Toxic mold cases result in substantial 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 essential 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 damage to the property or the extent of the affected property.
- Well-documented evidence of negligence: In this scenario, you must provide valid and well-documented evidence showing negligence. The responsible party was already aware of the situation but tried to escape from it or ignored the mold problem and did nothing about it. Also, you might have to prove that the responsible party covered up the situation, bringing you into a stronger position.
- Many affected parties: These are class action lawsuits involving multiple victims affected by mold problems, which help them get higher settlement amounts overall.
- Exceptional Legal representation: A well-experienced attorney specializing in mold cases can also help you get a justified settlement or can often negotiate a much better settlement.
10 Steps to Maximize Your Mold Settlement Amounts
Imagine being stuck in a toxic mold situation and thinking of legal action. You must follow the steps below to strengthen the lawsuit and increase your potential settlement amount. Please read and follow the below steps:
- Document every detail: Gather evidence in the form of photos and videos of the mold growth, including the damage to the property, if any. Document every detail with the time frame and your attempts to address it related to the mold issue.
- Take immediate medical assistance: Consult the doctors immediately if you are facing any health issues, and properly maintain all the records related to mold exposure.
- Highlight the problem: Inform the responsible person, whether it is your landlord, property manager, or any relevant 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 correctly 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. Cleaning mold is very important for your health, 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. They can guide you in the proper direction or provide detailed information about your cases.
- Be patient: Always remember that you might receive an early offer to close the case, but we suggest not taking or accepting any offer in the early stage of the lawsuit. Consult your attorney to discuss the details and understand the long-term process and consequences. Waiting and continuous negotiations sometimes resulted in a large settlement amount.
- Stay organized: Keep every document, whether 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. This will also save you time and help you in your lawsuit.
- Be prepared for a long fight: You might have to face resistance in the form of large settlement amounts from the property owner or insurance companies. So, it is important to prepare for a lengthy legal process.
If you follow all the above steps, you will be in a stronger position in your lawsuits, which will help you negotiate a deserving settlement in your toxic mold case. Remember that well-documented evidence and a good legal advisor are the main keys to your claim.
Conclusion: Is It Worth the Fight?
As we approach 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. I hope you remember that the average toxic mold settlement case range starts from $10,000 to $500,000, whereas residential cases range between $10,000 and $100,000, and commercial cases might go up to $500,000 or beyond.
The above-mentioned figures vary and depend on multiple factors, such 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 arises: Is it worth fighting toxic mold lawsuits?
Yes, toxic mold cases are worth fighting.
Suppose you have faced severe toxic health issues. In that case, damage to the property and many other cases and problems 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 a decision you should take lightly and casually. These legal issues and lawsuits are time-consuming, stressful, and possibly very costly if your case needs more evidence. So, you are advised to evaluate your case correctly, collect and document each piece of evidence, and consult a legal advisor before proceeding.
Always remember that every case is important and unique. There is a high chance that what works for someone else’s case might not help or apply to your case. Now that you have the information we have provided regarding average settlement, essential factors, and steps to follow to support your case, you must decide whether to file a toxic mold lawsuit.