Visitor Question

Emotional despair for a senior citizen…

Submitted By: Anonymous (New Jersey)

I am 80 years old and live by myself and live on a fixed income. There was a terrible leak in my wall in my kitchen and my bathroom which led to a terrible black fly problem and a mold problem, that my condo association did not want to repair.

After almost a year and half and threatening to go to court, a new condo association came in and admitted to responsibility and will now pay for physical damage. However there is still question of pain and suffering from the emotional despair that I will be suing them for.

I have gone to a psychiatrist and am taking meds for anxiety and depression as a result of this problem and the horrible treatment by the condo association. What do you think I can ask for compensation? How can I present my case? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Anonymous,

It appears the former condominium association was negligent in failing to repair the leaks. The subsequent black fly problem only exacerbated the matter. While it would seem only fair for you be compensated for your pain and suffering, proving that your pain and suffering was directly and proximately caused by the negligence of the prior condominium association will be difficult.

Proving this will require written medical narratives from one or more psychiatrists who will positively link your pain and suffering to the negligence of the prior condominium association.

However, because the prior condominium association no longer exists, it may be difficult to seek compensation from them. This may be true unless the present condominium association is contractually obligated to indemnify the prior association for their acts of negligence. If so, you may be able to seek compensation from them.

While the current association is probably insured, it is likely the association will decline any request you make for compensation for your pain and suffering.

Start by speaking with the head of the condominium association. Then send a follow up letter setting out why you believe the prior association is liable for your pain and suffering. After doing so, if you aren’t satisfied with their response, seek the advice and counsel of a personal injury attorney.

Fortunately, most personal injury attorneys do not charge for initial office consultations. Bring along photographs of the area in your bathroom and kitchen, and if possible, dead flies. Also bring along records and bills from your psychiatrist, along with his or her medical narrative.

After reviewing your claim, the attorney will be able to tell you whether he or she believes you have a credible basis upon which to pursue a successful personal injury claim.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: December 8, 2015

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