What if My Child Got Sick From Black Mold Exposure?

If your child got sick from black mold exposure, you might have legal grounds to file a claim and pursue compensation in response to the damage your child experienced. An attorney can look into your concerns and investigate the source of the mold.

From there, you can rely on your lawyer to determine if negligence occurred, and if it did, they can pursue compensation for the damages your family has sustained as a result. The sooner you call a toxic mold lawyer in Fort Myers, the more time your attorneys will have to help you. 

Where Mold Exposure Often Occurs

Many parents are surprised to learn that black mold develops in more than one type of environment. From water leaks and roof damage to plumbing failures and flooding, even excessive humidity and poor ventilation contribute to mold growth. 

Sometimes, the problem is obvious, while other circumstances stem from mold developing behind walls, under flooring, above ceilings, or in other hidden areas. These are locations where mold exposure commonly originates:

• Rental homes
• Apartment complexes
• Schools
• Daycare facilities
• Hotels
• Vacation rentals
• Office buildings
• Community centers
• Commercial properties

In some cases, families repeatedly report leaks, odors, visible mold, or moisture issues only to have their concerns ignored or dismissed. If a property owner fails to address hazards after being made aware of them, they can be held liable for any injuries that stem from the situation. 

What Must Be Proven in a Mold Exposure Claim?

Parents often assume that finding mold automatically creates a legal case. Unfortunately, these claims are usually more complex than that. A successful claim generally requires evidence showing several important elements. 

First, there must be evidence that a dangerous condition existed. Second, the responsible party must have owed a duty to maintain reasonably safe premises. Third, there must be evidence that the responsible party failed to fulfill that duty. 

Finally, the family must show that the mold exposure contributed to the child’s illness and resulting damages. Insurance companies frequently challenge one or more of these elements. They may argue any of these points, among others: 

• That the mold levels were not dangerous
• That another medical condition caused the symptoms
• That they were unaware of the problem

This is one reason why such thorough legal investigations are often important in mold exposure cases.

How a Lawyer Can Determine if Negligence Occurred

One of the biggest challenges that parents face is figuring out whether someone could have prevented the exposure. Here’s what your attorney can look into on your behalf: 

• Were maintenance requests ignored?
• Did the property owner know about leaks?
• Were prior complaints made by tenants or occupants?
• Were building inspections conducted?
• Did repairs fail to address the underlying issue?
• Were safety standards violated?

Finding answers often requires obtaining records that families would not normally have access to on their own, making legal representation that much more important. 

What Compensation is Available for Families?

If your child gets sick as a result of someone else’s negligence, you might come face-to-face with overwhelming financial burdens and a heartbreaking emotional impact. Depending on the circumstances, compensation might be available for these damages:

• Medical expenses
• Future medical treatment
• Prescription medications
• Therapy and rehabilitation
• Travel costs for medical care
• Lost income for parents who miss work
• Pain and suffering
• Emotional distress
• Reduced quality of life

Every case is different, and the damages available depend on the specific facts involved. An attorney can evaluate both the current and future impact of the child’s illness to pursue compensation that reflects the family’s losses.

How Insurance Companies Respond to Mold Claims

Many families are surprised by how aggressively insurance companies may challenge mold-related claims. Insurance carriers are known for attempting to minimize liability by arguing these points:

• The mold did not cause the illness
• The symptoms resulted from unrelated conditions
• Exposure levels were insignificant
• The property owner lacked notice of the problem
• The damages are overstated

These disputes can become particularly frustrating when parents are already focused on helping their child recover. 

An attorney can handle communications with insurance companies, respond to their arguments, and advocate for the family’s interests throughout the claims process.  

Contact Viles & Beckman ASAP if Your Child Got Sick From Black Mold Exposure 

If your child is now ill as a result of black mold exposure, don’t hesitate to contact the law office of Viles & Beckman. Established in 2005, our attorneys have over 40 years of combined experience. Together, we have handled thousands of successful cases. 

We’ve also recovered more than $118 million on behalf of our clients. As your lawyer, we will dedicate our time to investigating the source of the exposure, gathering evidence you need to back your claim, and pursuing compensation on behalf of your family. 

No case is too small, and we treat every case we handle with the utmost level of care. As The 5–Star Law Firm, we operate on a contingency fee basis, meaning you pay nothing unless we win. We care for one another and our clients as we would our own families. We get results.