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What Can I Collect for Mold Damage?

Written by Ankin Law Office

Mold exposure and toxic mold is a common health concern and the subject of numerous lawsuits. In order to determine whether you may be able to collect for mold damage to your property, there are several factors that need to be considered:

  • Is the mold “toxic mold?” Mold is a form of fungus that grows both indoors and outdoors and thrives in warm, damp, and humid environments. There are over a thousand different varieties of indoor mold, and the presence of a moderate amount of mold in your home is generally not harmful to your health. Most health problems related to mold exposure arise only when there is a build-up of high concentrations of mold.

A few forms of mold are “toxigenic” – and commonly referred to as toxic mold – which means that under certain conditions they can produce small molecular toxins. These mycotoxins are usually spread by way of the mold’s spores and could be the cause of potentially serious health problems if ingested in significant quantities over time.

  • Where was the mold found? Indoor mold is most commonly found in areas of high moisture and low ventilation, such as bathrooms and basements, as well as in and around leaks in roofs, pipes, windows, or areas where there has been flooding. Potted plants are also a common location for mold.

Mold often grows in a number of common building materials, including wood products, paper products (such as wallpaper, ceiling tiles, drywall, and cardboard), fabrics, and insulation. The location of the mold has a significant bearing on issues of liability because it determines who can be sued and the standard of care.

  • Where there any injuries or damages caused by the mold? In order to collect compensation in a personal injury, product liability, or toxic tort lawsuit for mold exposure, the plaintiff must prove that he or she suffered injuries or property damages as a result of the mold exposure. A critical part of a negligence claim is establishing that the defendant’s conduct caused the plaintiff’s injuries. Moreover, if liability is assessed against the defendant, the plaintiff will then need to prove the amount of compensation to which they should be entitled, based on the severity of injuries and/or property damages.

Because the legal, factual, and scientific issues involved with mold exposure cases are complicated and nuanced, you should consult with a skilled personal injury lawyer. The Chicago toxic tort attorneys at Ankin Law Office, LLC have considerable experience with a variety of toxic tort claims, including claims regarding mold exposure.

Contact our office at (312) 600-0000 to schedule a free consultation with one of our skilled Chicago toxic tort attorneys to learn more about collecting compensation for mold damage.

Categories: Personal Injury