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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101381
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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HOW DO YOU CALCULATE DAMAGES FOR A FAMILY OF MOTHER & FATHER

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HOW DO YOU CALCULATE DAMAGES FOR A FAMILY OF MOTHER & FATHER WHO IS NOT MARRIED TO MOTHER & CHILDREN . THE FATHER IS THE BIOLOGICAL FATHER TO THE CHILDREN ALL HAVE BEEN CONTAMINATED WITH MOLD
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me:

1) Who exactly has been affected here? All the family members?
2) Are there medical bills?
3) Is there any permanent injury?
4) Is this a landlord/tenant situation?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 3 years ago.

1) all family members have been affected by the mold


2)yes there are medical bills for entire family


3)possibly , yes


4) yes

Thank you, E.

I am going to assume that you wish to sue the (former) landlord for negligence here, due to their failure to provide a livable space under warranty of habitability as codified in Florida Statutes §83.51, §83.54, §83.56, et seq.

As such, the damages can be "split" into two categories:

ACTUAL DAMAGES are damages that you lost, monetarily. This includes but is not limited to:

-costs of having to move;
-actual medical bills;
-other actual costs associated with the matter;
-legal costs; and
-attorney fees;

...and....

PUNITIVE/EXEMPLARY DAMAGES, that are "punishment" for action/inaction for the landlord. This is up to the Court, and may be nothing, hundreds, or thousands of dollars. These damages are awarded if you can show intentional misconduct or gross negligence. Fla. Stat. § 768.725; 768.72.

I hope this helps and clarifies. Good luck.

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