Lead Counsel independently verifies Mold attorneys in Tenafly by conferring with New Jersey bar associations and conducting annual reviews to confirm that an attorney practices in their advertised practice areas and possesses a valid bar license for the appropriate jurisdictions.
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.
If you suspect your heath has been harmed by exposure to mold you should immediately consult a Tenafly 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.
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 Tenafly, 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.
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.
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 New Jersey as soon as you see a problem.
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.
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.
Specialized legal help is available for most legal issues. Each case is unique; seeking legal help is a smart first step toward understanding your legal situation and seeking the best path toward resolution for your case. An experienced lawyer understands the local laws surrounding your case and what your best legal options might be. More importantly, there are certain situations and circumstances – such as being charged with a crime – where you should always seek experienced legal help.
Prepare for your consultation by writing down notes of your understanding of the case, jot down questions and concerns for the attorney, and gather your documents. Remember that you are trying to get a sense of whether the attorney has your trust and can help you address your legal issues. Questions should include how the attorney intends to resolve your issue, how many years he/she has been practicing law and specifically practicing in your area, as well as how many cases similar to yours the attorney has handled. It can also be helpful to broach the subject of fees so that you understand the likely cost and structure of your representation by a specific attorney and/or legal team.
Bill by the hour: Many attorneys bill by the hour. How much an attorney bills you per hour will vary based on a number of factors. For instance, an attorney’s hourly fee may fluctuate based on whether that hour is spent representing you in court or doing research on your case. Attorneys in one practice area may bill you more than attorneys in a different practice area.
Contingent fee: Some lawyers will accept payment via contingent fee. In this arrangement, the lawyer receives a percentage of the total monetary recovery if you win your lawsuit. In sum, the lawyer only gets paid if you win. Contingent fee agreements are limited to specific practice areas in civil law.
Flat fee: For “routine” legal work where the attorney generally knows the amount of time and resources necessary to complete the task, he/she may be willing to bill you a flat fee for services performed.
Personal jurisdiction – Requirement that a particular court have authority over a person, in order to bind that person to the judgment of the court, based on minimum contacts. International Shoe Co v. Washington is a landmark Supreme Court case outlining the scope of a state court’s reach in personal jurisdiction.