When you rent a property to live in or you purchase a home, you have a right to expect your environment to be free from known hazards that can make you sick. Unfortunately, that is not always the case.
Homes and apartments throughout the San Diego area can have serious dangers lurking within them— including toxic mold that can make you very sick.
If you’re renting a property and your landlord fails to take care of water damage that occurs, this could cause a mold problem in your space. You could become very ill, and your landlord could be liable for the resulting harm.
Likewise, if you buy a house and the past owners fail to disclose water damage issues, you very well could be purchasing a property with mold, and the owners of that home could be held accountable for the resulting harm to your health if you fall ill.
It is up to you to take legal action in these difficult situations, though. A toxic mold lawyer in San Diego can provide you with assistance with this process. Matthew De Lira APC has a long history of representing clients harmed by mold issues, and we can put our knowledge to work for you, so give our San Diego personal injury lawyer a call today to schedule your free consultation and learn how we can help.
Meet Our Toxic Mold Lawyer Matthew de Lira
Matthew De Lira is a skilled mold attorney in North County with extensive experience in toxic mold and environmental injury cases. A Super Lawyers Rising Star and lifetime member of the Multi-Million Dollar Advocates Forum, Matt has achieved multimillion-dollar verdicts, including a $24.9 million judgment. His background defending insurance companies gives him an edge in holding landlords and property owners accountable for mold-related harm.
Recognized as a Super Lawyers Rising Star and a lifetime member of the Multi-Million Dollar Advocates Forum, Matt combines sharp legal insight with compassion for those harmed by negligence. His background as former insurance defense counsel gives him a unique advantage in holding landlords, property owners, and negligent parties accountable for mold-related injuries.
How Does Toxic Mold Affect Your Health?
The U.S. Environmental Protection Agency (EPA) makes clear that mold can cause serious health problems because molds produce:
- Allergens that can cause an allergic reaction
- Irritants
- Substances called mycotoxins that are potentially toxic
Reactions to mold can range from hay fever-like symptoms to skin rashes to asthma attacks to eye, skin, nose, and throat irritation. Mold exposure can also cause very serious illnesses and very damaging consequences, including:
- Hypersensitivity pneumonitis: This inflammatory lung condition develops as a result of chronic mold exposure, and it can result in permanent lung damage over time
- Neurological damage: This can include memory problems, concentration difficulties, and cognitive impairments
- Toxic mold syndrome: This is characterized by respiratory problems, joint pain, and mood changes.
- Other symptoms of mold exposure: These include headache or migraines, breathing or respiratory problems, skin conditions, allergies or autoimmune issues, and fatigue
- Digestive issues: This can include things like nausea and diarrhea
- Pulmonary hemosiderosis: This condition, involving bleeding in the lungs, has been linked with infant deaths
These conditions can be expensive to treat and can sometimes cause lifelong or permanent damage.
When Can You Make a Damage Claim for Toxic Mold?
You may be able to pursue a claim for toxic mold if someone else was responsible for your exposure through negligence or intentional wrongdoing. This could include:
- A landlord who failed to maintain a habitable living space and who exposed you to hazardous conditions
- A property owner who committed fraud or misrepresentation, or who failed to disclose material facts, by failing to provide you with information about the presence of water damage and/or mold on a property. Our San Diego premises liability lawyer can help walk you through the legal process.
You will need to prove that the property owners or landlord had an obligation to you that they failed to fulfill, and that you were exposed to mold because of it. You will also need to show that you were made sick by the exposure. Some of the different kinds of evidence that you may need in order to do that include:
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- Proof of mold in your property. Typically, this comes from a mold inspector who can prepare a report showing that there is water damage in the unit that has resulted in mold formation. Inspectors can use a moisture sensor device to identify damp or wet areas and to test for specific mold types like Stachybotrys (black mold), Aspergillus, Penicillium, and Trichoderma.
- Evidence that you reported the mold problem to the landlord. This can include emails, text messages, and other documented proof that you alerted your landlord to the issue and your landlord denied the problem or failed to fix it adequately.
- Evidence that you have a mold-related illness: This can include medical records and other documentation showing that you have conditions that have been linked to mold. In many cases, your health insurance will cover the cost of treatment from an infectious disease specialist, and this specialist’s records can help you to make a very strong claim.
If you have evidence of mold contamination and a history of medical issues, you should reach out to a toxic mold lawyer in San Diego, CA to learn about your options for pursuing a claim for damages.
Compensation for Toxic Mold
If you were exposed to toxic mold and it made you sick, you should be able to recover compensation for the health damage you experienced over time, especially if you faced prolonged exposure because your landlord failed to correct the conditions in your rental property.
Some of the different kinds of compensation you should receive include:
- Medical bills, including for treatment with the infectious disease specialist
- Lost wages if your mold-related illness caused you to miss work or affected your earning power going forward
- Pain and suffering due to the mold-related medical issues
- Emotional distress damages resulting from both your injuries and from the stress and anxiety of having an unsafe living space.
- Property damage if the mold has impacted your property, and you need to clean or replace items you own
An experienced mold litigation attorney can help you to prove the extent of your losses so you can recover the full and fair compensation you deserve.
Areas We Serve
Matthew de Lira, a San Diego personal injury attorney proudly represents the following neighborhoods:
La Mesa | El Cajon | Clairemont | North Park | South Park | Old Town | Point Loma | Balboa Park | Bankers Hill | East Village | National City | Mission Valley | San Ysidro | Normal Heights | Hillcrest | Little Italy | University Heights | Gaslamp Quarter | Mission Hills | Bay Park | Bay Ho | Pacific Beach | Paradise Hills | La Jolla | Torrey Pines | Encinitas | Solana Beach | Rancho Peñasquitos
Contact a San Diego Toxic Mold Lawyer Today
Mold attorney Matthew De Lira has helped many clients who have been made sick by exposure to mold in rented properties and after purchasing a home with water damage.
Our legal team will work with you to negotiate an out-of-court settlement or, if necessary, to pursue your case in court to get the compensation you need and deserve.
To find out more about how a San Diego toxic mold lawyer can help you, give us a call at (858) 703-7048 or contact us online today to learn more.