Chicago Toxic Mold Lawyer
Did you suffer mold-related illness after prolonged exposure? A toxic mold lawyer with Ankin Law can help you recover costs for treatment, mold removal, medical care, property damage, and lost wages from the liable party. Our law firm has recovered hundreds of millions on behalf of our clients. Put our experience to work for you.
If you suffered an illness after exposure to toxic mold, you have rights. Contact our Chicago mold lawyers at (312) 600-0000 to review your claim today.
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Can You Sue for Toxic Mold?
If you’ve experienced symptoms after prolonged exposure to toxigenic mold variants, you may be able to recover damages through a toxic mold lawsuit. Tenants who reported mold to negligent landlords and continued to experience exposure have options for paying for removal and recovering damages. Homeowners who suffered mold infestations after a builder, contractor, or other party failed to properly service their home can hold the liable party accountable for mold damage and mold-related illnesses.
What if You Encounter Toxic Mold at Work?
When employees develop illnesses due to toxic mold in the workplace, they can file a workers’ compensation claim to recover medical costs associated with treatment. When filing a workers’ comp claim for mold exposure, employees need to show that they encountered the mold in the workplace or while performing work-related duties, that the specific type of mold they encountered could cause their illness, and that they became ill.
Compensatory Damages in Toxic Mold Lawsuits
Whether you are a tenant, exposed worker, or a homeowner whose mold exposure was due to a defect, you may be entitled to compensation. The damages you can recover in a toxic mold lawsuit vary, however, depending on where you were exposed.
When an employee is exposed to mold in the workplace, he or she can file a workers’ compensation claim to recover damages. The damages recoverable in a workers’ compensation claim for mold exposure include medical bills, lost wages, and, when necessary, vocational rehabilitation. If a workers’ exposure to mold leads to a temporary or permanent disability, he or she can recover disability benefits as well.
In addition to injured workers, the following parties can recover damages for prolonged mold exposure:
Damages Tenants Can Recover
When a landlord fails to resolve mold infestation in a timely manner, tenants can take steps to protect themselves from prolonged exposure. If a tenant suffers from a mold-related illness after prolonged exposure due to landlord negligence, he or she can file a lawsuit to recover:
- Medical bills due to mold related illness
- Lost wages
- Reimbursement for repairs if paid out of pocket
- Reimbursement for mold treatment if paid out of pocket
- Repayment of a security deposit if it has been wrongfully withheld
Damages Recoverable by Homeowners
Homeowners can recover damages when a contractor, builder, or manufacturer cuts corners or uses incorrect or defective materials, causing mold damage to a home. When holding a negligent party accountable, homeowners can recover:
- The cost to repair the defect that caused the mold
- Costs to remediate any mold or water damage
- Costs to replace personal possessions
- Costs for medical treatment from prolonged mold exposure
- Lost wages resulting from missed work time due to illness
- Costs for relocation (temporary or permanent) due to mold
Understanding the Elements of a Toxic Mold Claim
To determine whether they have grounds for a toxic mold lawsuit, victims must first understand what toxic mold is, how to identify toxic mold and mold-related illnesses, and who is responsible for damages from mold exposure.
What Is Toxic Mold?
Toxic mold is a misleading term applied to toxigenic molds. While all molds can pose health risks from prolonged exposure, toxigenic molds release mycotoxins under favorable conditions. Mycotoxins are spread through the spores of the mold and are often a more serious threat to a victim’s health. Two types of toxigenic molds often referred to as “toxic” molds are stachybotrys chartarum (black mold) and aspergillus.
What is the Difference Between Toxic Mold and Black Mold?
Black mold is a form of toxigenic mold referred to as stachybotrys chartum. Toxigenic molds are what are commonly referred to as toxic molds.
What Are the Symptoms of Toxic Mold Exposure?
Exposure to mold often begins as an allergic reaction, progresses into a fungal infection, and then advances into toxicological poisoning when exposure persists. The symptoms of toxic mold exposure are broken down into three levels, with symptoms increasing in severity as the levels progress. When a person initially experiences prolonged exposure to mold, he or she may have symptoms associated with level 1 exposure. These symptoms include headaches, sneezing, itching, skin irritation or rashes, and eye irritation. As exposure persists, a victim progresses into level 2 symptoms, such as chronic fatigue, nose bleeds, breathing disorders, swollen glands, blurred vision, muscle and joint pain, vomiting, and more. When a victim is exposed to mold past the level 2 stage, he or she may begin to have more severe symptoms.
Who Can Be Held Liable for Damages from Mold?
The person liable for damages in a mold lawsuit depends on the cause of the mold. If the mold grew as a result of poor construction, faulty materials, or improper ventilation, the builder or contractor may be liable. If the mold was a result of a landlord’s negligence, he or she may be liable. When a worker is exposed to mold and suffers injuries as a result, the employer’s workers’ compensation insurance may cover the costs to treat the illness.
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How Can a Toxic Mold Lawyer Help?
Toxic mold lawsuits place a burden on victims to prove causation and liability. In many cases, defendants will try to deny awareness of the issue, or attempt to minimize a victim’s illness. A toxic mold lawyer is a crucial resource in winning a lawsuit for mold exposure. An attorney who is familiar with mold claims can help plaintiffs retain the right expert witnesses, prove general and specific causation, and identify the liable party for mold-related illnesses.
Establishing Causation in Your Toxic Mold Lawsuit
For a claimant to bring a valid toxic mold lawsuit, he or she must first show causation. There are two elements to establishing causation in a mold lawsuit: general causation and specific causation. To prove general causation, a claimant has to show that the species of mold he or she was exposed to is capable of causing his or her illness. To establish specific causation, claimants must show that they were exposed to a high enough quantity of the species of mold to cause their illness.
When proving causation, claimants and their attorneys can retain expert witnesses, submit mold samplings from the home or workplace to labs or testing centers, and gather medical records that document their illness.
Proving Liability in Your Mold Lawsuit
Once causation is established, a mold attorney can then focus on identifying the liable party. To show a liable landlord’s negligence, attorneys can gather evidence surrounding the claimant’s attempts to report or resolve the mold issue. This will help show that the landlord was made aware of the mold and its potential to cause harm to his or her tenants.
To prove that a contractor, builder, or other party is liable for a homeowner’s mold infestation, the plaintiff will need to gather evidence showing the negligent party was contracted to provide a service. This helps to establish a duty of care to the homeowner. Next, claimants must show evidence that defective equipment, poor craftsmanship, or the use of improper materials led to the mold infestation. This helps to show that the defendant deviated from a level of care that can reasonably be expected by a homeowner.
Filing Your Toxic Mold Lawsuit Within the Statute of Limitations
Claimants filing a toxic mold lawsuit must do so within the Illinois statute of limitations for civil suits. There is a two-year deadline within which plaintiffs can bring a civil lawsuit against a defendant, though a case’s circumstances may make it shorter or longer. The discovery rule applies to toxic mold personal injury claims, meaning that the statute of limitations begins when mold-related illness is discovered or reasonably should have been discovered.
A toll, or pause, may also apply to the statute of limitations for a mold lawsuit. Tolling applies to cases involving children or mentally incapacitated victims.
Frequently Asked Questions About Mold Lawsuits
Can you sue for being exposed to black mold?
Tenants, homeowners, and workers who suffer mold-related illnesses after exposure to toxic mold can recover damages. Tenants and homeowners can file toxic mold lawsuits against the liable party. Employees can file a workers’ compensation claim for mold exposure against their employer’s insurance company.
What type of damages can you claim if your home has toxic mold?
Homeowners who suffer from toxic mold infestations can recover damages for medical bills, lost wages, property repairs, and infestation removal from the liable party. Tenants exposed to mold can recover repair costs, wrongfully withheld deposits, relocation costs, medical bills, and lost wages. Workers who sustain mold-related illness after workplace exposure can recover medical treatment costs and lost wages.
How long do I have to file a claim for mold exposure?
Plaintiffs can bring a mold lawsuit against a liable party for two years from when exposure-related illness occurred or was reasonably identifiable. This deadline can vary, however, depending on the circumstances of the claim itself.
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