CIRSx Legal 101:
Evaluating and Winning a
Mold Exposure
Injury Case

Introduction:

Water damaged buildings causing mold exposure events occur frequently throughout the United States. There are many more potential quality cases than can be handled by available lawyers. Unfortunately, too few personal injury trial lawyers ever seek to enter this potentially lucrative area due to historic reputations of this type of case and its requirement to learn a new area of practice. The medical knowledge in the field was sparse.  It has markedly improved in the past 10 years, especially so since the burst of microbial research pertaining to COVID.  

The insurers typically claim no coverage due to mold, but there is a way to avoid those barriers to settlement or collection of judgments. They are winnable and collectible if proper intake, investigation, medical care and attention to party selection and choice of law occurs. Many cases have values in excess of a million dollars, and depending upon the defendant, allow recovery of attorney fees and costs as a prevailing party…for even one dollar.  Collectability is one of the larger issues to be encountered, so selection of the right defendants and doing the proper pleading to enhance insurance coverage is a critical part of decision making and successfully resolving or trying the case.

Here, I will describe these considerations to create a road map which took years to develop through trial and error.