Can I sue a past rental company for not dealing with mold issues and causing me medical issues, while we resided in their property?

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Can I sue a past rental company for not dealing with mold issues and causing me medical issues, while we resided in their property?

I broke out almost every day in severe hives and was on medication to control them. I was in emergency room for anaphylaxis and had several allergy tests done by my PCM to determine the

cause of said allergy with no definitive diagnosis. This all occurred while we were renting a property over a 2 year period; we moved out about 9 months ago. There was mold in many different areas of the home, I have pictures and the rental company refused to address the issue. We have moved out of the home and I no longer suffer from hives.

Asked on April 16, 2017 under Personal Injury, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Prior to filing a lawsuit for negligence against the rental company, it may be possible to settle the case with the rental company's insurance carrier.
Your personal injury claim filed with the rental company's insurance carrier should include your medical bills, medical reports, and if applicable, documentation of wage loss.
Compensation for the medical bills is straight reimbursement. The medical reports will document your condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
The problem you may have is that the insurance company might deny your claim because the cause of the allergy was undetermined.  However, if you have a medical report stating that severe hives was caused by the mold, that will support your personal injury claim.
If the case is settled with the rental company's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the insurance company, reject them and file a lawsuit for negligence against the rental company.
If the case is NOT settled, your lawsuit against the rental company must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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