Lead Counsel independently verifies Mold attorneys in Poughkeepsie by conferring with New York 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 Poughkeepsie 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 Poughkeepsie, 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 York 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.
In legal practice, experience matters. An experienced attorney will likely have handled issues similar to yours many, many times. Therefore, after listening to your situation, the attorney should have a reasonable idea of the time line for a case like yours and the likely resolution.
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.
In general, how much an attorney costs will often depend on these four factors: billing method and pricing structure, type of legal work performed, law firm prestige, and attorney experience. Depending on the legal issue you are facing, an attorney may bill you by the hour, settle on a flat fee, or enter into a contingency fee agreement. The type of legal work you need help with will also play a role in cost incurred.
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.