Can I File a Claim for Injuries Caused by Black Mold?

You may be able to file a claim for injuries caused by black mold. For your claim to be successful, you generally will have to show that anyone who may be liable for your injuries caused by black mold acted negligently and may be liable for damages, such as your medical bills, lost wages, pain and suffering, and other losses. 

Speak with a toxic mold lawyer in Fort Myers if you are interested in filing a claim for injuries or illnesses caused by black mold. Your attorney can learn about your black mold exposure. If you have grounds for a claim, your lawyer may guide you through the process of requesting compensation from the insurance company of anyone who may be liable. 

As your claim moves forward, your lawyer can engage in settlement negotiations and work toward getting you fair compensation for your tangible and intangible losses. However, if you don’t receive a reasonable insurance settlement, your attorney may advise you to sue for damages and present your case to a judge or jury. 

When Can I File a Claim for an Injury Caused by Black Mold?

File a claim if you are dealing with lung inflammation, throat irritation, or other health issues that may be related to black mold exposure. Your personal injury lawyer in Fort Myers can help you address any challenges that may come up during the claims process.  

Your attorney can help you gather medical documentation, photos of any property maintenance issues that may have contributed to the formation of black mold, and other evidence to support your claim. 

In addition, your lawyer can assess your tangible and intangible losses relating to your exposure to black mold and estimate your claim’s value. From here, they may help you get an insurance settlement that covers these losses. 

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Factors to Consider Before You File a Claim for Injuries That May Have Been Caused by Black Mold

You may be familiar with the common injuries in a personal injury claim and believe that you have a case for seeking damages from those who may be liable for your black mold exposure. 

Regardless, it pays to have a lawyer with relevant black mold case experience on your side, as they may encourage you to account for various factors before you file your claim, such as:

• Medical evidence and causation: You may need medical testing to help establish a connection between your exposure to black mold and your injuries. It may also be helpful to receive medical testimony to strengthen your claim. 
• Proof of property contamination: A single set of photos of mold on a property may not be enough to prove to an insurance company that your claim is valid. In your case, it may be beneficial to provide an insurer with photos of mold growth on a property over an extended period, indoor and outdoor air samples, and other forms of proof to illustrate contamination. 
• Liability: You may have to show that a property owner or other parties knew or should have known about any problems that led to black mold growth. As such, records of texts, emails, and other written communications between you and any potentially liable parties may serve as valuable pieces of evidence in your claim.  

Unfortunately, even if you have an abundance of proof for your claim, an insurance company may commit time and resources to find ways to delay or deny your compensation request. Your black mold attorney can provide you with a realistic timeline for your personal injury case. If no insurance settlement is possible, they have no issue with bringing your case to trial. 

Can I File a Lawsuit for Injuries Caused by Black Mold?

You may be eligible to file a lawsuit for injuries relating to black mold exposure. In Florida, the statute of limitations for many personal injury lawsuits is two years from the date of injury. Because of this, you may have up to two years to sue any parties that may be liable for your exposure to black mold. 

In your black mold exposure lawsuit, you could recover economic and non-economic damages for your medical costs, loss of income, and other losses. To obtain damages, your personal injury attorney may argue that the defendant was negligent and that their acts contributed to your black mold exposure and injuries. 

Leading up to your case trial, your lawyer can negotiate a settlement with the defendant. They can keep you informed about any settlement offers. Meanwhile, they can prepare your case as if it will go in front of a judge or jury. 

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Get Started on Filing a Claim or Lawsuit for Injuries Caused by Black Mold

If someone may be responsible for your black mold exposure and injuries, now may be the time to pursue compensation from them through an insurance claim or personal injury lawsuit. With guidance and support from toxic mold attorneys, you may be well-equipped to get compensation for your injury-related losses. 

Viles & Beckman is a Florida personal injury law firm with more than 40 years of combined experience. Our personal injury attorneys are ready to help you with filing your black mold exposure claim or lawsuit.

Give us the opportunity to represent and advocate for you in your black mold case. Contact us today.