If I suffered major health problems from growing mold that was caused from a leak in the apartment above, should I sue?

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If I suffered major health problems from growing mold that was caused from a leak in the apartment above, should I sue?

I had been at the same apartment for over 3 years. During the last year I’ve suffered from a slew of health issues; I even had to quit my job because of it. After months of no improvement, my doctor recommended I test my apartment for mold. I tested the air and after 48 hours there was so much mold you couldn’t see the carpet. I bought 2 air purifiers and asked my landlord to come. They painted my bathroom and said everything was fine. My health wasn’t improving and while moving stuff out of my closet, I found an entire wall infested with mold!.The maintenance guy said it was from a leak from the apartment above. Are they culpable?

Asked on June 14, 2012 under Real Estate Law, California

Answers:

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

Answered 9 years ago | Contributor

Your landlord is liable for negligence.  Prior to filing a lawsuit for negligence against your landlord, it may be possible to settle the case with the landlord's insurance carrier.  Obtain your medical bills, medical reports, and documentation of wage loss when you are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your medical treatment where no further improvement is anticipated.  Your personal injury claim filed with the landlord's insurance carrier should include these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  If the case is settled with the landlord's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the landlord's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the landlord.  If the case is NOT settled with the landlord's insurance carrier, you will need to file your lawsuit for negligence against the landlord prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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