Time to Bring a Mold Case

A statute of limitations in simple terms is the deadline for filing a lawsuit. The statute of limitations are laws that set forth the maximum amount of time after an event that a plaintiff must commence a lawsuit. 

But when do you need to bring forward a mold claim, and what do you need to do? The lawyers at  Greenstein & Milbauer, LLP are here to answer your questions about your mold case.

Statute of Limitations for Mold Exposure

In the State of New York, claims arising out of personal injury from exposure to mold are subject to a three-year statute of limitations. The important point to note is that this three-year period is measured from the onset of an individual’s injuries or symptoms.

Specifically, the law states that an action for latent personal injuries caused by exposure to harmful substances may be commenced up to three years from the date the injury is discovered or should have been discovered by a reasonably diligent Plaintiff, whichever is earlier.

Discovery of Injuries or Symptoms

The Courts have interpreted this to mean that a cause of action for damages resulting from exposure to toxic substances – such as mold – starts when Plaintiff begins to suffer the manifestations and symptoms of his or her physical condition. In other words, the statute of limitations begins to run when the injury is discovered, not when the cause of the injury is identified.  

Notice of Claim is Due Within (90) Days After Discovery of Injury

It’s important to keep in mind that if you have been exposed to mold and have suffered injuries as a result of the negligence of a municipality, such as the New York City Housing Authority, a Notice of Claim must be filed within ninety (90) days after the date of the discovery of your injury.

This ninety (90) day clock starts to run whenever an individual’s mold-related injuries are discovered – not when the specific cause of the injury is identified. Because of this, you may need to act fast if time has already passed.

Do Not Delay!

It is therefore critically important that when an individual believes they have suffered an illness through mold exposure they must act fast.  

The New York mold exposure lawyers at Greenstein & Milbauer, LLP have extensive experience and expertise in handling mold cases.  Our firm’s motto is “Don’t Be A Victim Twice”, call 1-800-VICTIM2 (1-800-842-8462) to schedule a confidential consultation. The call is free. The consultation is free. We are conveniently located with offices in Manhattan, Bronx, Queens, Brooklyn, Staten Island, Yonkers, and Nassau County.

You don’t pay us unless we are successful.  That’s our “Our Fee Guarantee – No Fee Unless Successful.”