Mold Damage Lawyer in Miami
Mold Damage Lawyer in Miami
June 24, 2021 admin

Mold Damage Lawyer in Miami

Miami’s year-round semi-tropical climate offers residents long, sunny days and abundant rainfall throughout the year. While these conditions are optimal for seasonal vacationers, humidity, rain, and frequent flooding also create choice conditions for mold growth, which can be harmful to you and your family. If you find toxic mold in your home, apartment, or other property, it is possible that someone else may be responsible for your property damage and mold exposure-related health problems.

The Miami mold damage lawyers at Schlacter Law are experienced in this particular subset of law and will deal with the parties responsible on your behalf. We understand that mold damage can disrupt your life and health and will work quickly to win compensation so that you can return to normal as soon as possible.

Where is Mold Found?

Molds are very common in buildings and homes, growing in places with excess moisture such as around leaks in roofs, windows, or pipes, or where there has been flooding. Large mold infestations can usually be seen or smelled. Mold grows well on paper-based and wood products and can be found growing on wallpaper, insulation, drywall, ceiling tiles, carpet, fabric, and upholstery. Once mold starts to grow on soft surfaces, the only way to deal with the problem is by removal and replacement of tainted items, which can be very costly. Lawyers that deal with mold damage cases in Miami can help find avenues for reimbursement that you may be entitled to.

What are the Health Effects of Mold Exposure?

Mold exposure may cause a variety of health problems especially for high-risk individuals. Such people include those with allergies, suppressed immune systems, or underlying lung diseases. Minor symptoms of toxic mold exposure can include a stuffy nose, wheezing, and red or itchy eyes and skin. More intense reactions may include fever, shortness of breath, and increased risk of fungal infections. Studies also suggest a link between early mold exposure to the development of asthma in some children. [1]

Who Can Be Held Responsible for Mold Damage? What Are My Options for Retribution?

In the case of mold damage to your home or place of residency, you may be able to file a claim or suit for compensation against anyone whose carelessness or negligence caused or contributed to the mold problem. As there are multiple avenues to pursue for a settlement, a mold damage lawyer can guide you in the best possible direction based on the particulars of your case. The experienced toxic mold lawyers at Schlacter Law in Miami have a specialized team of individuals well-versed in all aspects of mold cases ready to provide you with information and legal advice so that you can take the best course of action.

Homeowners Insurance Claim

Many homeowners and renters carry property insurance that could provide coverage for mold-related property damage or health problems related to mold exposure. It is important to consult with a mold damage attorney about the particulars of your policy. Insurance companies make money by collecting premiums in the hopes that customers will never call with a mold damage claim. Many insurers will try to find loopholes to deny or limit your coverage even for damages within your policy terms. Attorneys who focus on mold damage cases are well-versed in the tactics insurance companies use to get out of reimbursing faithful paying policy holders and will fight any denial or offer of inadequate coverage.

Property Damage Lawsuit

If you are renting your residence, the landlord or property manager could be held liable for any damage to personal property caused by the mold exposure. Renters should be notified of any pre-existing mold problems in the building before signing a lease.

If you bought an existing home in Miami and now find toxic mold or mold damage, the previous owners of the property could be held liable. In this situation, it is best to consult with a lawyer that deals with mold cases, as the plaintiff must prove that the previous owner knew about the property defect that could give rise to a mold problem, were under legal obligation to disclose that information to potential buyers, and failed to do so.

Professional Malpractice Claim

If you bought or contracted the construction of a newly built home, the architects, home inspectors, builders, and contractors could be held liable if they employed sub-standard building practices, failed to obtain proper permits or inspections, or used faulty materials that allowed mold to develop. The suppliers or manufacturers of any faulty or defective building materials could also be held liable.

With most of the county situated on land less than 3 feet above the high-water mark, Miami was ranked the most vulnerable coastal city worldwide in terms of sea-level rise and storm surges by Scientific American. [2] Miami is no stranger to major rain, flooding, and similar events, the aftermath of which could mean thousands of dollars in water property damage. On a less disastrous scale, even household appliance malfunction or leaks could cause water damage. If you hired a professional company to clean or repair your property after water intrusion, and toxic mold appeared after the work was done, the company may be held liable.

Personal Injury Negligence Lawsuit

Regardless of the entity responsible, if you or a family member experienced illness or adverse health effects due to toxic mold exposure, a personal injury negligence lawsuit may be filed against the guilty party.

Losses Covered in a Mold Damage Case

Mold can spread quickly and widely in the right conditions, causing extensive property damage to your home and health problems for your family. Compensation for losses can vary widely based on the damages present in each case and the extent of negligence of the responsible party. However, victims of mold damage generally have legal right to recover damages for:

  • The estimated costs to remove the mold
  • New construction and contract work repairs to affected structures
  • Replacement of destroyed household items
  • Housing expenses for any period when the residence was uninhabitable due to sustained damage or during repairs
  • Medical treatment for mold exposure-related illnesses
  • Lost income or reduced earning capacity due to mold-related health problems
  • Compensation for pain and suffering or emotional distress

How Long Do I Have to File for Mold Damage Compensation in Miami?

It is important to note that, regardless of the avenue you chose to pursue in your mold damage case, there may be time constraints related to pursuing compensation. Personal injury lawsuits in Florida must be filed within four years of the incident. Most insurance policies require prompt notification of potential mold insurance claims. If you suspect there is a problem with mold in your residence or other property, let your insurer know as soon as possible. Be sure to document any concerns in writing and photographs. If you fail to follow proper procedures, the insurer could argue that you waited too long, contributed to worsening of the damage, and may deny your claim.

If you believe you sustained property damage or health problems due to toxic mold exposure, the attorneys at Schlacter Law are ready to act quickly to rectify the situation and return you to a mold-free residency. We will deal with the insurance companies or courts on your behalf to ensure you receive proper compensation for your damages.

How We Handle Cases

  1. Investigation
    • Your attorney will aggressively investigate your case. Schlacter Law will compile all necessary evidence needed to maximize the value of your case. Which includes but is not limited to photographs, police reports, security camera footage, witness statements, medical bills and medical records.
    • You will remain in constant contact with Schlacter Law about the progression of your case.
  2. Negotiation
    • Your attorney will present your case to the insurance company and will attempt to resolve your case before the case goes to court for maximum compensation.
    • Your attorney will make every effort possible to resolve the case as quickly as possible for the most amount of money you may be entitled to. You will be actively involved in the negotiation process with your attorney. Schlacter Law understands that this is your one opportunity to get justice for your loss.
  3. Litigation
    • If settlement negotiations are unsuccessful, Schlacter Law will be fully prepared to bring your case to court to fight for the justice you deserve.
    • At no cost to you, Schlacter Law will hire any experts and professionals needed to maximize your recovery and present your case in the strongest form possible.


Frequently Asked Questions

Should I vacate my home due to mold damage?

If you can see or smell mold a health risk may be present, but the decision to vacate your residence should be made individually. The effect of mold may vary greatly due to the amount or type of mold present. If you or a family member are experiencing health problems because of exposure to toxic mold, you should contact your physician to determine the appropriate action to take. A mold damage attorney in Miami can help facilitate the removal of mold quickly and completely through insurance or other avenues if the mold damage was caused by the carelessness of another.

How do you keep mold out of your home?

You can help keep mold out of your home by monitoring possible entry points for mold into your home and keeping conditions dry.

Mold is very common in Miami buildings and homes and can enter your home through open doorways, windows, vents, and heating and cooling systems connected to the outside world. It is important to regularly inspect these areas of your home for evidence of water damage due to leaks, condensation, infiltration and flooding. Inside your home, you can mitigate mold growth by controlling humidity levels, promptly fixing any leaks, thoroughly cleaning and drying affected areas after flooding, and providing proper ventilation in high-moisture areas of the home like bathrooms and laundry rooms.

Can I clean up mold myself?

You may be able to remove small patches of mold yourself using household detergent. However, a certified mold removal professional should be consulted for areas of mold damage greater than ten square feet. When you are not sure how to remove mold or the infected area is quite large, it is best to hire a qualified mold removal company.