ShouldI retaina lawyerprior to dealing with a claims adjuster regarding severe mold damage to my home?

UPDATED: Oct 24, 2010

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ShouldI retaina lawyerprior to dealing with a claims adjuster regarding severe mold damage to my home?

A refrigerator was installed improperly in my home about 8 months ago, causing a leak in a waterline which steadily sprayed water into the walls. It remained unnoticed for a long time due to the water beings sprayed into the walls. Once the smell and mold became visible severe damage was already done, and the mold has become airborne and spread throughout the home. Floors, walls, ceilings, all have visable mold and rot. Ruined personal property, lost rent, and concerns for health issues of myself and tenants. Concerned about ever being able to sell my home with mold and water damage history.

Asked on October 24, 2010 under Insurance Law, South Carolina


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

Answered 12 years ago | Contributor

Without making any commitment, you could wait for the claims adjuster to make a settlement offer and if you regard the offer as inadequate, retain an attorney at that time to sue the party who installed the refrigerator for negligence. 

The settlement offer will probably be inadequate.  Although you could retain an attorney prior to speaking with the claims adjuster, if the settlement offer is acceptable to you, then you will be paying the attorney 1/3 or possibly more of the settlement.  That is why it would be advisable to see what the claims adjuster is offering and if it is inadequate, then retain an attorney.

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 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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