Who pays for the damage caused by mold exposure? 17 Answers as of July 11, 2013

I had an insurance lawyer to help me sue my insurance co for a mold infestation & we settled with them for $21,000 but had to give it all to our mortgage co. We developed health problems & after months of fighting with mortgage co, we finally got the title to our totaled mobile home. We signed a release dealing with the insurance co but who is going to pay for everyone dragging their feet & causing my family all this misery?

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The Lucky Law Firm, PLC
The Lucky Law Firm, PLC | Robert Morrison Lucky
Thanks for your inquiry. This information is being provided to you based on Louisiana law. Unfortunately, there are several issues at hand for which I will be more than happy to discuss. Please contact my office to discuss further. I am happy to discuss all of the issues with you in more depth.
Answer Applies to: Louisiana
Replied: 6/27/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
Your settlement probably cut off any recourse.
Answer Applies to: Virginia
Replied: 6/27/2011
Coulter's Law
Coulter's Law | Coulter K. Richardson
Most likely no one will pay after the settlement. It is highly likely that you signed away your rights to further compensation in the Release. Foot dragging is part of their defense strategy. It gives them more time to earn interest on the money that should be used to compensate the policy holder.
Answer Applies to: New Jersey
Replied: 6/27/2011
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
It is difficult to understand your situation. If its your own mobile home that had mold and you already signed a release with your insurance company, you probably have no recourse at this point. If the home was owned by someone else and you have not made a claim to this point against the owner, thats something you might be able to do, but I encourage you to speak to an attorney.
Answer Applies to: California
Replied: 6/27/2011
The Law Office of Josh Lamborn, P.C.
The Law Office of Josh Lamborn, P.C. | Josh Lamborn
It depends on the release you signed. You likely signed away all of your claims against the insurance company including pain and suffering. Talk to your lawyer about that. Otherwise, you would have to sue someone else who is responsible for the mold, the manufacturer of the home, the previous owner etc. There are attorneys that actually specialize in mold cases, maybe consult with one of them.
Answer Applies to: Oregon
Replied: 7/11/2013
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    If you settled already, there is probably nothing we can do at this point. Your homeowner's insurance already paid out. Your lawyer should have explained the impact of settling to you and how it likely prohibits any further suits.
    Answer Applies to: Pennsylvania
    Replied: 7/11/2013
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    I don't understand why you had to give any of the money to your mortgage company unless you were not paying your mortgage while this was going on. As for who is responsible, you have to figure out if someone was at fault in causing or allowing the mold condition to arise and remain. Without knowing much, much more about your circumstances, I can't even guess. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights! I am admitted to practice law in New York State only and cannot practice law in any other State.
    Answer Applies to: New York
    Replied: 6/27/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    This is something you should discuss with your attorney.
    Answer Applies to: Connecticut
    Replied: 6/27/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    In Florida you cannot bifurcate your causes of action, which means if you brought a claim for property damage and settled that case, executing a release, you can't go back and bring a claim for personal injuries at a later point in time.
    Answer Applies to: Florida
    Replied: 6/27/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    See further assistance from your insurance attorney or consult with another one on the mold problem and resulting damages.
    Answer Applies to: Indiana
    Replied: 6/27/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    You had two potential claims, one for property damage (the cost of clearing up the mold problem in the mobile home, or diminished value of the home) and a personal injury claim for your health problems. You cannot get money for the aggravation and time spent pursuing the property damage claim. You are only entitled to the property damage. Also, since you have settled the case, even if you could have gotten money for the aggravation, you can't now. If the release you signed in settling the case was a general release for any and all claims, you cannot sue for personal injuries after settling the case. It may be that you had no real suit for personal injuries. You have to prove that your health problems were caused by the mold, which means you have to have a doctor testify that your problems were caused by the mold. Usually, even though the doctor suspects mold as the cause, the doctor cannot testify to this to a reasonable degree of medical certainty unless certain lung samples were taken and analyzed when you began your medical treatment.
    Answer Applies to: South Carolina
    Replied: 6/27/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    I'm sorry for what you've been through. Unfortunately, I'm guessing that you signed a Release when you received the $21K, releasing your claims against the insurance company. Such releases usually make it impossible to "reopen" the case later even if you feel you did not receive enough. The whole point of the Release is to give closure to everyone involved so the insurance company and others can define their total exposure and decide to be done with it. It is possible there is another party you could pursue (maybe the mobile home manufacturer, or the manufacturer of the drywall if it was a drywall mold problem) if not released along with the insurance company, and under rare circumstances you could even seek to have the release undone (very unlikely, but not impossible). In order to assess your claim, a lawyer would need to review all of the paperwork you signed as part of receiving the $21K, determine if there was some kind of fraud or other deceit that caused you to agree to take the money when you should not have, and look at issues such as why the mold formed and who else may be responsible. If you feel that your lawyer did not represent you properly, you could also potentially have a claim against him/her. There are lawyers who focus on their practice on suing other lawyers. What you are facing is very difficult, but if you feel you got the shaft you should at least talk to some other lawyers in your area and see if you can figure out a way to reopen the claim.
    Answer Applies to: Florida
    Replied: 2/21/2012
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Your release may have covered everything.
    Answer Applies to: Florida
    Replied: 7/11/2013
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