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Risks of Mold Exposure

Exposure to mold, a fungus not of the animal or plant kingdoms, is known to cause respiratory ailments and allergies. Water damage or moisture causes mold to grow and cause unhealthy environments and even property damage. Mold victims often go for months or years before their aliments are properly diagnosed.

Were You Exposed to Mold?

If you suspect your heath has been harmed by exposure to mold you should immediately consult an Oakland lawyer who handles mold exposure cases. The lawyer can assess your specific mold exposure situation and determine if you are entitled to compensation. He or she will investigate the cause of your exposure, form your case, and may be able to negotiate a settlement.

Are There Lawyers Handling Mold Lawsuits Near Me In Oakland, CA?

Mold lawsuits are more common than you might think, especially related to rental accommodations throughout the United States. If you are looking for a lawyer to help you in a mold lawsuit in Oakland, be sure to document all evidence before reaching out. You might want to take pictures of the affected area, document any health concerns discussed with a physician, and any correspondence with the landlord or professional mold remediators. A lawyer with experience in toxic mold law and tort mold law may be able to help you determine the best way to move forward.

How Do You Win a Mold Lawsuit?

Documentation, such as photographic or video evidence that you timestamped and emailed to professionals, can be a good place to start. Any official reporting from a family physician, property restoration company, or local governmental agent or health inspector can also help win a mold lawsuit. You will need documentation of all correspondence with the landlord, especially regarding the mold in the apartment.

Beyond the compilation of evidence to back your claims in court, it’s essential to consult an experienced toxic mold lawyer. With the evidence in hand and a capable legal team beside you, your odds of winning a mold lawsuit are usually better.

Is There a Statute of Limitations for Mold Lawsuits in California?

Mold lawsuits are generally covered by personal injury tort law, most of which are subject to a state-enacted statute of limitations. For example, California holds a two-year statute of limitations regarding mold lawsuits. Many defense lawyers representing the landlord will claim that the first arrival of any symptoms could constitute that start date. Most states work within a 1-to-3-year statute of limitations.

With this in mind, it is important to take mold seriously and consult a lawyer in California as soon as you see a problem.

How Much Money Can You Get for a Mold Lawsuit?

The amount of money you might be able to get in a mold lawsuit depends on the circumstances. In most small-claims court settlements, successful litigants can expect to receive anywhere from $3,000 to $10,000 in damages concerning health or property loss.

This amount of money can increase if the mold in your residence leads to death or life-altering sickness, or if you can medically document a health-related job loss because of the mold problem. If landlords are specifically negligent in remediating the issue when it is first raised, tenants might be eligible for a larger settlement.

Does Your Landlord Have to Keep Your Apartment Free of Mold?

It is ultimately the landlord’s responsibility to ensure that their tenants live in habitable and healthy spaces. Although landlords can’t do much about untidy or messy tenants, they are responsible for cleaning up any mold that forms on walls or fixtures. Landlords are also responsible for fixing any leaks or faulty appliances that caused the mold problem in the first place.

When to Hire a Lawyer

It is in your best interest to get legal help early on in addressing your situation. There are times when hiring a lawyer quickly is critical to your case, such as if you are charged with a crime. It may also be in your best interest to have a lawyer review the fine print before signing legal documents. A lawyer can also help you get the compensation you deserve if you’ve suffered a serious injury. For issues where money or property is at stake, having a lawyer guide you through the complexities of the legal system can save you time, hassle, and possibly a lot of grief in the long run.

The Importance of a Good Consultation

The goal of an initial consultation is to find an attorney you are comfortable working with and someone who can help you understand your options under the law. Seek to understand the relevant legal experience the attorney brings to your case. While it is not realistic to expect an attorney to resolve your legal issue during an initial consultation, you should gain a level of comfort with his/her ability to do so. A good consultation can clarify issues, raise pertinent questions and considerations for your case, and help you make an informed decision towards resolving your legal issue.

Tips on Hiring an Experienced Lawyer with Mold Cases

The more experienced a lawyer is in legal practice, the more likely he/she will be able to bring about a successful resolution to your issue. Since experience matters, lawyers who’ve been practicing law for many years (with a successful track record) tend to be in high demand. You should look for information about a lawyer’s experience and ask questions during the initial meeting. It’s a very good idea to ask the lawyer how many years he/she has been practicing law and the expected outcome of your case.

Common legal terms explained

Pro se – This Latin term refers to representing yourself in court instead of hiring professional legal counsel. Pro se representation can occur in either criminal or civil cases.

Statute – Refers to a law created by a legislative body. For example, the laws enacted by Congress are statutes.

Subject matter jurisdiction – Requirement that a particular court have authority to hear the claim based on the specific type of issue brought to the court. For example, the U.S. Bankruptcy Court only has subject matter jurisdiction over bankruptcy filings, therefore it does not have the authority to render binding judgment over other types of cases, such as divorce.

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