Compensation Available for Victims of Legionnaires’ Disease – Guest Post

Legionnaires’ disease is a fatal pneumonia that is contracted by inhaling Legionella bacteria cultured in infected water systems such as cooling towers, hot tubs, and plumbing systems. Legions’ disease can result in severe medical complications, permanent disability, and death. Neglect victims of Legionnaires’ disease will recover primarily money damages. Reality of the legal relief available allows the victims and the families to receive compensatory damages for lost wages, medical bills, pain and suffering, and other damages.
Compilation of Liability for Legionnaires’ Disease
Legionnaires’ disease liability is largely based on proof of negligence. Liability rests on several individuals that include hotel owners and managers who fail to keep the water systems in a condition that will be inhibitory to the growth of Legionella bacteria. Hotels, resorts, and cruise ships have the responsibility of making the water systems on their properties potable for their guests, and if they don’t so make them, they can sue them. Hospitals, health clinics, and old folks’ homes are sterilized to begin with; otherwise, then it is not their fault not to transmit Legionnaires’ disease by failing to control or regulate them. Other than this, individuals with the disease who are employed in water systems in the workplace can pursue personal injury or workers’ compensation claims against employers.
Types of Compensation Available
People who are afflicted with Legionnaire’s disease would be able to receive compensation for damages for medical expenses, lost wages, pain and suffering, and for wrongful deaths where death occurs. Medical expenses can include trip to the ER, hospital stay, intensive care, medication, respiratory therapy, and future medical care for complications caused by the disease. Other victims are unable to work for possibly weeks or months while recovering- and where the illness proves to be a long-term disability, they are likewise entitled to future lost earnings damages as well.
In addition to financial losses, Legionnaires’ disease often causes severe physical pain, breathing difficulties, and emotional distress. Compensation for pain and suffering takes into account the severity of symptoms, the duration of suffering, emotional trauma, and the reduced quality of life resulting from the long-term effects of Legionnaires’ disease. If a victim dies due to Legionnaires’ disease, their family may file a wrongful death claim to recover funeral and burial expenses, loss of companionship, medical costs incurred before death, and lost financial contributions from the deceased.
The Long-Term Consequences of Legionnaires’ Disease
Survivors of Legionnaires’ disease suffer long-term health effects that severely restrict their quality of life. Chronic respiratory disease as lung injury and chronic respiratory distress is common. Neurological complications of cognitive impairment, confusion, and mental deterioration secondary to hypoxia occur in the acute phase of the disease. Muscle weakness and fatigue are persistent and make the victims incapable of reporting to work or engaging in activities of daily living. Liver or kidney organ failure in the most severe forms requires ongoing medical care. These complications may require follow-up medical treatment, loss of ability to work, and ongoing pain and suffering.
How to Get Compensation for Legionnaires’ Disease
Legionnaires’ disease is simply an exercise of your rights as a patient to maintain follow-up further to diagnosis.
To win your case for damages, obtain first of all immediate medical attention and document all of your symptoms and treatment. The medical records are the strongest evidence connecting your disease to the exposure.
Document all of your incidental costs as detailed as possible, including hospital fees, medication, lost income, and future medical needs.
You need to determine the source of Legionella exposure in your case as well. Sources are typically present in cooling towers, hot tubs, decorative fountains, and building water systems. Public health investigations will help determine your place and time of exposure, which will be used in your case against negligent parties.
Your attorney needs to have been successful in past cases of Legionnaires’ disease. A lawyer is worth more than gold in locating liability for waterborne disease cases and can spot all the offenders from the owner of the property to maintenance corporations. Once your lawyer locates the fault parties, he will help you sue the fault parties and/or the owner of the property in order to claim compensations. Your attorney will handle all communications with the property owner, their insurance company representatives, and their lawyers, negotiating to obtain maximum compensation on your behalf. Many cases like these settle out of court, but having an experienced lawyer on your side means you’ll be prepared to go to trial if necessary.
Challenges in Securing Compensation for Legionnaires’ Disease
Even though the victims of Legionnaires’ disease are entitled to compensation under law, proper compensation is not always possible. The biggest problem is to ascertain the precise location of exposure. Since Legionella bacteria are found everywhere, where and when the exposure occurred has to be examined in detail. Public health information, environmental specimens, and expert testimony are most frequently used to determine fault.
The insurers and defendants will also try to minimize or reject the claim by alleging that the victim was contaminated with the disease outside the defendants’ premises or had pre-existing factors leading to the disease. Having an experienced personal injury attorney is therefore essential. An attorney can acquire and present physical evidence, disassemble it, and negotiate for the best settlement.
Apart from that, big companies, hospitals, and hotels will probably have lawyers who will try everything to avoid being held liable.
They may attempt to delay the case, offer lowball settlement, or dispute scientific evidence. Victims must struggle past these hurdles and assist their lawyer in developing a strong case. Lawyers can help procure expert witnesses, medical reports, and negotiate reasonable damages so the victims and their families receive their due.
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