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Essential Legal Tips for Dealing with Water and Mold Damage

As a property damage attorney, I’ve helped many homeowners navigate the aftermath of water damage, and I know how important it is to take the right steps immediately after the disaster strikes. The choices you make in the first few days can make a huge difference when it comes to your insurance claim. Here’s a straightforward guide to help you protect your home and your rights.

1. Safety First

Before you do anything, make sure your home is safe. If you have power, turn off the main breaker to prevent any electrical hazards. Do not re-enter flooded areas until you’re sure it’s safe. Once you’ve ensured the area is secure, you can start focusing on the cleanup.

2. Document Everything

Before any cleanup begins, take pictures of everything. This step is critical for your insurance claim. Be thorough—capture the inside and outside of the house, rooms, walls, floors, wet clothes, flooded car interiors, exteriors, and any other damage.

Do not get rid of anything just yet. You’ll want to hold on to damaged items, especially electronics and higher-value belongings. For electronics, make sure you get the serial numbers and other identifying details. This information can be crucial when filing your claim, especially for high-value items.

3. Dispose of Saturated Items

Once you’ve documented everything, you can start discarding porous items that are soaked and beyond saving, like carpets, upholstered furniture, and clothing. If you have sentimental items, bag them up for possible professional cleaning later (though this isn’t always guaranteed). Proper disposal can help minimize the spread of mold and further damage.

4. Clean What You Can

For non-porous surfaces—anything solid like countertops or floors—clean them as best as you can with bleach. If bleach isn’t available, you can use soap and water, white vinegar, or diluted pool chlorine (10-15% chlorine and 80-85% water). Always wear gloves when handling chemicals.

5. Make Flood Cuts

Once the water has fully receded and there’s no standing water, it’s time to make flood cuts. Use a knife or box cutter to cut the drywall about 1-2 feet above the waterline to remove the wet materials. Pull out any wet insulation and discard it. Afterward, clean the exposed framing with bleach and allow it to dry thoroughly. Do this for every room affected by water damage.

6. Understand Your Insurance Coverage

There’s a key distinction between homeowners insurance and flood insurance:

  • Home insurance generally covers water damage caused by leaks or water intrusion but not flood damage.
  • Flood insurance covers damage from rising water.

Notify both your home and flood insurers if applicable.

7. Use the Right Terminology

Your home may likely develop mold, but when speaking to your home insurance provider, make sure you describe the issue as water damage. Saying “mold” right away might cap your coverage at $10,000 or less. But a water damage claim has the potential to cover the full value of your policy. Once the water damage claim is open, have a contractor or inspector document any mold and move forward to get additional coverage added under the existing water damage claim.

Act Now to Protect Your Claim

While it might take days to get professional water restoration services, and months to settle your insurance claim, these early steps can help preserve your rights and position you for maximum coverage.

If you have any questions or need guidance, feel free to reach out. I’m here to help navigate this process and make sure you’re on the right path to recovery.


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