Toxic Mold Exposure Symptoms & Legal Claims

It starts slowly. A cough that won’t quit. A headache that shows up every afternoon like clockwork. Maybe your kid keeps getting ear infections and your doctor shrugs and says “it’s going around.”

Then one day you pull the bathroom vanity away from the wall and see it—a dark, spreading stain that smells like a wet basement. Suddenly, everything clicks.

You’ve been breathing toxic mold. Maybe for weeks. Maybe for months.

And now the question isn’t just “how do I get rid of it?” It’s “who’s responsible for what this has done to my health?”

What Toxic Mold Actually Does to Your Body

Let’s be precise here, because landlords and insurance adjusters love to muddy the water. Not all mold is equally dangerous—but the mold that grows indoors after water damage is almost never the harmless kind.

The worst offenders produce mycotoxins—toxic compounds that become airborne and get inhaled, absorbed through skin, or even ingested. These aren’t just allergens. They’re poisons.

The Most Dangerous Indoor Molds

Mold Species	Common Name	Primary Health Risks	Where It Grows
Stachybotrys chartarum	Black mold	Respiratory failure, neurological damage, immune suppression	Drywall, ceiling tiles, wood after prolonged water damage
Aspergillus	(Multiple species)	Aspergillosis, lung infections, allergic reactions	HVAC systems, insulation, damp walls
Penicillium	(Multiple species)	Chronic sinus infections, asthma, hypersensitivity pneumonitis	Water-damaged carpet, wallpaper, insulation
Chaetomium	N/A	Skin and nail infections, neurological effects	Drywall, wood, paper products
Alternaria	N/A	Severe allergic reactions, asthma attacks	Showers, bathtubs, window frames, under sinks

Black mold gets the headlines, but Aspergillus is arguably more dangerous for everyday exposure because it’s incredibly common and its spores are small enough to reach the deepest parts of your lungs.

Symptoms You Shouldn’t Ignore

Mold exposure symptoms are frustrating because they mimic a dozen other conditions. That’s exactly why so many people—and their doctors—miss the connection for months.

Here’s what to watch for:

Respiratory Symptoms

• Persistent cough that doesn’t respond to typical treatments
• Wheezing, especially at night or early morning
• Shortness of breath during normal activities
• Recurring sinus infections or chronic sinusitis
• Nosebleeds
• New or worsening asthma

Neurological Symptoms

• Brain fog—difficulty concentrating, feeling “slowed down”
• Memory problems
• Persistent headaches
• Dizziness or vertigo
• Tremors (in severe cases)

Immune and Systemic Symptoms

• Chronic fatigue that rest doesn’t fix
• Getting sick more often—colds, flu, infections that keep returning
• Joint pain and muscle aches
• Skin rashes, hives, or dermatitis
• Eye irritation—redness, watering, itching

The Pattern That Matters

Here’s the tell: your symptoms improve when you leave the building and return when you come back. If you feel better on vacation, better at work, better at a friend’s house—and worse every time you walk through your own front door—that’s not coincidence. That’s causation.

Pay attention to this pattern. Write it down. It’s one of the most persuasive pieces of evidence in a mold exposure case.

Vulnerable Populations—When Mold Is Especially Dangerous

Mold hits some people harder than others. If you or someone in your household falls into any of these categories, the health risks are significantly elevated:

• Children under 5—developing lungs are more susceptible to permanent damage
• Elderly residents—weakened immune systems and pre-existing respiratory conditions
• People with asthma or COPD—mold can trigger life-threatening attacks
• Immunocompromised individuals—chemotherapy patients, organ transplant recipients, people with HIV/AIDS
• Pregnant women—potential risks to fetal development

Landlords who expose these populations to toxic mold face heightened legal liability—because the foreseeability of serious harm is even greater.

How to Document Mold Exposure for a Legal Claim

If you think you’re dealing with toxic mold, the actions you take right now will determine whether you have a strong legal case or an uphill battle. Documentation is everything.

Step 1: Photograph and Video Everything

Photograph the mold itself—close-ups showing color and texture, plus wider shots showing the extent and location. Take video. Include timestamps. Do this regularly to document the progression.

Step 2: Get Professional Testing

Hire a certified mold inspector—not your landlord’s guy. An independent inspector will take air quality samples and surface samples that identify the species and concentration of mold present. This report is critical evidence.

A professional inspection typically costs $300–$600 for a standard apartment. It’s an investment that can anchor a claim worth many times that amount.

Step 3: See a Doctor—Specifically

Don’t just mention your symptoms—tell your doctor you suspect mold exposure. Ask them to:

• Document your symptoms and their timeline
• Order relevant tests (IgE allergy panels, pulmonary function tests, mycotoxin urine testing)
• Note in your medical record that the symptoms are consistent with mold exposure

This isn’t about asking your doctor to make a legal conclusion. It’s about creating a medical record that establishes the connection. A doctor who documents “symptoms consistent with environmental mold exposure” gives your attorney powerful ammunition.

Step 4: Preserve Your Communication Trail

Every text, email, voicemail, and maintenance request to your landlord about mold, leaks, water damage, or musty smells. Screenshot everything. Back it up. This trail proves notice—and notice is the foundation of negligence.

Step 5: Keep a Symptom Journal

This sounds tedious, but it’s powerful. A daily log—even just a few sentences—documenting how you feel, when symptoms flare, and whether they improve when you’re away from home. Juries find personal journals compelling because they show real, lived suffering—not abstract legal arguments.

Connecting Mold to Your Illness—The Causation Challenge

This is where mold cases get hard, and where you need an attorney who knows what they’re doing.

The defense will always argue that something else caused your health problems. Genetics. Stress. Pre-existing conditions. Seasonal allergens. They’ll throw everything at the wall to break the causal chain between the mold in your home and the illness in your body.

To win on causation, you generally need:

1. Proof of mold—testing results confirming the species and concentration
2. Proof of exposure—evidence you were living or working in the affected environment
3. Medical evidence—a doctor linking your specific symptoms to mold exposure
4. Temporal connection—showing your symptoms developed or worsened during the exposure period
5. Ruling out alternatives—medical evidence that other causes are less likely

In significant cases, an expert witness—typically a toxicologist or environmental medicine specialist—may testify about the causal relationship. This isn’t cheap, but it can be the difference between winning and losing.

Who Can Be Held Liable?

It’s not always just the landlord. Depending on how the mold situation developed, multiple parties may share responsibility:

• Landlords/property owners—for failing to maintain the property and address known moisture problems
• Property management companies—if they handled (or ignored) maintenance requests
• Previous contractors—if shoddy plumbing, roofing, or construction work caused the water intrusion
• HOAs—if the mold stems from common-area maintenance failures (roof, exterior walls, shared plumbing)
• Employers—if you’re exposed to mold at work, workers’ compensation and/or a negligence claim may apply

An experienced mold injury attorney will investigate all potential sources of liability—because more defendants often means more available insurance coverage and a better outcome for you.

The Statute of Limitations

Colorado gives you 3 years for personal injury claims and 3 years for property damage. But mold cases have a wrinkle: the discovery rule means the clock may not start until you knew (or reasonably should have known) that mold caused your injury.

Don’t rely on this exception. The moment you suspect mold is affecting your health, talk to an attorney. Waiting never makes a case stronger.

Frequently Asked Questions

Can mold really cause neurological symptoms?

Yes. Mycotoxins produced by certain molds—particularly Stachybotrys and Aspergillus—can cross the blood-brain barrier. Research has documented cognitive impairment, memory loss, and other neurological effects in people exposed to high concentrations of toxic mold.

What if I can’t see mold but suspect it’s there?

Mold often grows behind walls, under flooring, and inside HVAC ducts where it’s invisible. A musty or earthy smell is a strong indicator. A professional air quality test can detect elevated mold spore counts even when no mold is visible.

Will my renter’s insurance cover mold damage?

Renter’s insurance may cover damage to your personal property from mold, but it typically won’t cover your medical expenses or pain and suffering. Those damages are pursued against the party responsible for the mold—usually your landlord. Check out our mold injury settlement guide for more on compensation.

Should I get mold testing before calling a lawyer?

It helps, but it’s not required. An attorney can advise you on the right testing approach and may even have preferred inspectors who know how to document findings for legal proceedings.

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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult with an attorney for advice regarding your specific situation.

Mold doesn’t get better on its own. Neither does the damage it’s doing to your health. If you’re dealing with symptoms and you suspect your home or workplace is the cause, don’t wait for it to resolve itself—because it won’t. Talk to Conduit Law. Free consultation. No fee unless we win.