If You're a Tenant, What Things Do You Need To Do To Make Personal Injury claims in mold cases
Prove LiabilityYou want to prove the landlord is legally responsible for your injury. To do so, you must prove the landlord has the legal duty to remediate the mold and didn't. Actually, you must first establish the landlord caused mold growth in your apartment.
The law does not hold the landlords responsible for something they are not aware of. Just because there's mold in your apartment does not automatically mean landlord must compensate you for any injuries resulting from the mold. You must first find out how the mold got there. Mold cannot survive without moisture. Therefore, to have mold growth, there must be a source of excessive moisture, usually from bad leaks from the plumbings, roof, or windows, or condensations or ineffective exhaust fans.
As tenants, you have a duty to promptly inform landlords of any moisture problems in your unit. If the landlords do not know of these problems, they have no obligations to fix them and therefore would not be liable to you for damages.
Prove CausationIf you believe your health problems are caused by exposure to mold, make sure you consult an attorney BEFORE you vacate the unit. Once you are out of the unit, it would be extremely difficult to retrieve the evidence need for litigation. Landlords may go in and clean up the place so thoroughly that there would be no trace of any mold remaining for further testing.
Also, you must document your health conditions DURING your stay at the unit. Once you're out the apartment, the defense counsel will argue that your current conditions are caused by new exposure in your new environment. This makes it harder for the jury to find in your favor. Speak to an attorney about what documentation you need to succeed in your claim. It's tough winning a mold case to begin with, don't make it any tougher for the attorney by not having the right documentation to make your case. Few attorneys will consider taking your case if they know you've left the apartment with little or no evidence.
Prove DamagesThis goes hand in hand with proving causation for without causation, there are no damages. It is much easier convincing the jury to award you pain and suffering and emotional distress damages is they can see physical injury. If you claim neurological damage (which may be difficult as the current scientific evidence does not adequately support it), it may be difficult without physical evidence such as an MRI before and after. You can claim loss of earning capacity but you will need a vocational rehab expert. You can also claim future medical monitoring costs even if you can't prove present physical injuries but can find an medical doctor to testify that your risks of developing cancer or neurological damage has increased significantly. But you need to establish the amount or dose of exposure. Present medical evidence is lacking support in this area.