Can I take my landlord to court for my medical bills if I’ve been in and out of the hospital due to mold in the house?

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Can I take my landlord to court for my medical bills if I’ve been in and out of the hospital due to mold in the house?

I rent a room in my sister house we just found out it was mold in the room I live in. I’ve developed bronchitis. The landlord sent people to clean it up. I went to the doctors got treatment moved bag into the room and am now feeling sick all over again, showing many symptoms of being exposed to mold.

Asked on June 3, 2012 under Real Estate Law, Maryland

Answers:

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

Answered 9 years ago | Contributor

You can sue the landlord for negligence.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable landlord would have exercised under the same or similar circumstances to prevent foreseeable harm).

When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of any wage loss.  Prior to filing a lawsuit against the landlord, it may be possible to settle the case with the landlord's insurance carrier.  Your personal injury claim filed with the landlord's insurance carrier should include your medical bills, medical reports, and documentation of any wage loss.  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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