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How To Win A Mold Law Suit

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Mold Damage

You Need a Mold Lawyer and here's why? Mold is a type of fungi that can be found in most homes all over the United States. This fungus is usually aerobic, which means it thrives in conditions where there is oxygen, enough moisture, warm temperatures and organic matter that can be used as food. Most types of mold found in houses are harmless, although some molds are quite toxic and can lead to long-term medical effects from prolonged exposure.

Toxic Mold

mold lawyer

These types of mold are known as toxic mold. Toxic molds release VOCs which can impact your health negatively. If your house has a toxic mold problem and your landlord is refusing to address the issue, it’s time to see how to win a mold case with the right mold lawyer. Before your health issues get worse due to toxic mold, it may be time to look around for the best mold attorney who can get you your say in court and help you achieve good compensation for your health.

Toxic mold can be hard to prove, which is why you need a lawyer experienced in fighting mold cases for your mold lawsuit. So how do you decide which attorney to go with to help you win a mold case?

How to Hire the Right Mold Lawyer

There are some criteria for choosing the right mold lawyer. Let’s take a look at some of these:

  • Experience – The right mold lawyer to help you win your mold case should be someone with plenty of experience in mold cases – and winning! Technically, having someone at hand who knows all about toxic mold cases will help you determine how to proceed with the lawsuit.
  • Knowledge - Opt for an attorney who has not only done mold-related lawsuits, but also has in-depth knowledge of the various types of laws that will help win your case. These are Toxic Torts Law, Health Law, Housing Law, Personal Injury Law and Water Intrusion Law. Also, if you’re suing because of mold in your workplace, the lawyer you choose should be knowledgeable about Employment Law.
  • Ability to Communicate – Lawyers who are constantly talking in jargon without explaining what they’re trying to say are lawyers you should keep away from! Such lawyers clearly don’t see the need to keep you in the loop which is something that is quite stressful and frustrating. Also, it’s not something you should let your lawyer get away with. Opt for a lawyer who is easy to talk to and who will listen to your point of view.
  • Availability – What’s the point of hiring a lawyer who is never available? You need to look for the right mold lawyer who is not only good at winning mold-related cases, but one who can accommodate your timings and return your calls ASAP!
  • Rapport – It’s important to have a rapport with your lawyer. A good rapport makes for a better understanding of what you need from your lawyer as well as a greater possibility of a win!

How to Win a Mold Case

Now that you’ve hired the right mold lawyer to help you win, what next? Toxic mold lawsuits require you as the plaintiff to identify the exact strain of mold in your home, as well as show a link of communication that proves the defendant (your landlord) knew about the mold and refused to act on it.

This is where your mold attorney comes into the picture. Your first meeting with your lawyer needs to be fruitful, so that they can start working on your behalf to file the suit. Your lawyer will tell you what is required of you and then start prepping the lawsuit.

For a successful lawsuit, you need to be upfront with your lawyer. Tell him/her about the level of mold contamination, the health issues you’ve sustained and any other information that will help them connect your medical issues to the mold. The onus of identifying the strain of mold is on you, so you might need to get a specialist in who can get samples for identification as well as photographs to help you establish your case. It is also worth while getting a professional HVAC Company or HVAC Technician in to give you an opinion on whether the Air Conditioning System could have been responsible for your mold problem, which can often be the case.

Give everything that can help to your mold lawyer so it’s easier to win. If you’re not renting but have just bought a home with toxic mold, you can sue the past owners if you have the inspection documents that did not disclose the presence of mold. This is a lawsuit the right mold lawyer can help you win easily!

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