Mold can cause serious damage to your health, including respiratory issues, allergic reactions, asthma attacks, irritation, infection, and complications of mycotoxin exposure that lead to memory problems and chronic fatigue.
In many cases, someone else is responsible for exposing you to the mold and is thus responsible for the damage done to you because of this toxic substance. If you or someone you love has been exposed to mold and you have experienced medical issues because of it, you may be able to take legal action.
Matthew de Lira, APC, can help you identify defendants and prove your claim. Our mold lawyer in San Diego can also assist you in understanding the timeline for taking legal action, as you have a limited period of time to pursue justice.
How long do I have to file a mold claim?
Mold claims are typically filed in state court. This means California law establishes the statute of limitations or the timeline that applies to pursuing a claim.
The statute of limitations varies depending on what specific kind of claim you are making and what damages you’re looking to recover. Specifically:
- If you are making a personal injury claim because you suffered illness or medical consequences due to the mold exposure, you generally have two years from the date you discovered (or the date you reasonably should have discovered) the mold-related illness
- If you are making a claim based on damage to your property because of mold, then you typically have three years from the time that the damage either occurred or was discovered
While the statute of limitations sets a hard limit on how long you have to pursue a claim, mold cases can be complicated because it is not always clear when you first became sick or when you were first exposed to the mold. This makes it harder to determine when the clock starts ticking.
It’s always best to get help from an experienced toxic mold lawyer as soon as you begin experiencing symptoms or spot signs of mold in your home, so your personal injury attorney can provide you with help and support before your claim is time-barred and unable to move forward.
Who can I file a mold claim against?
If you are within the statute of limitations, you can file a mold claim against those responsible for causing your mold exposure. This could include:
- A landlord who allows mold to persist in the home despite knowledge of the mold (or despite being in a position where the landlord should have been aware of it). It’s best to have documentation, when possible, showing that you informed the landlord of the mold and they failed to take action.
- A seller of a home who was aware of potential water damage and mold, but hid this information when selling you a home, thus putting you at risk of being exposed once you moved in.
- Others who are responsible for maintaining safe premises before inviting you in, but instead allow mold to grow, and allow you to face prolonged exposure. Examples could include the company that owns the building where you are employed or attend school.
Matthew de Lira, APC will work with you to identify all the defendants who could be liable for your losses so you can maximize the chances of being able to recover for the damage done.
Contact a San Diego mold claim lawyer today
To find out more about how a San Diego mold claim lawyer can help you, give us a call or contact us online today to schedule your free consultation.