You can get compensation for Legionnaires’ disease in Chicago if you contracted the illness due to another party’s negligence. You’ll need to trace your exposure to the disease to the property the negligent party owned or controlled. Your compensation may cover medical expenses, lost wages, pain and suffering, wrongful death claims, and other damages.
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The Chicago Legionnaires’ disease lawyers at Ankin Law are available to help you pursue compensation. Call us at 312-600-0000 for a free consultation.
When Can You Sue to Get Compensation for Legionnaires’ Disease?
Legionnaires’ disease is a serious form of pneumonia caused by bacteria called Legionella. People can contract the disease from inhaling airborne water droplets containing the bacteria. Symptoms of Legionnaires’ disease usually appear within 14 days of exposure to the bacteria. The disease can cause serious health complications and death. It affects thousands of Americans annually. According to estimates, between 8,000 and 18,000 people are hospitalized with the disease in the country each year. In 2022, there were 381 cases of the disease in Illinois. By late August 2023, there had been 237 confirmed cases in Chicago and across Illinois in that year.
Contracting Legionnaires’ disease doesn’t mean you can always sue for compensation.
You Can Prove Negligence
Proving negligence is key to suing to get compensation for Legionnaires’ disease. You’ll need to show that the party you’re suing exhibited negligence that allowed the conditions that caused the disease outbreak, for example, by inadequately cleaning and maintaining water systems or failing to test regularly for legionella bacteria. Your exposure to the legionella bacteria on the premises owned or controlled by the responsible party must be the reason you contracted the disease, which led to you suffering damages. These factors can be proven through:
- Detailed investigations
- Lab tests
- Medical records
- Health department inspection reports
- Expert testimony
Diagnosed Within the Last Two Years in Chicago
You can sue to get Legionnaires’ disease compensation in Chicago if it’s been less than two years since you discovered the disease or its cause. That’s because the statute of limitations for Legionnaires’ disease cases in Illinois is generally two years from when you discovered or should’ve reasonably discovered the illness. If you bring a lawsuit after the statute of limitations expires, the court may dismiss your case. As a result, you may forever lose the right to recover damages for your illness-related losses. Therefore, seeking legal advice from a Legionnaires’ disease lawyer as soon as possible following your diagnosis is crucial.
Loved One Dies From the Disease
Legionnaires’ disease can have fatal outcomes. If a loved one dies as a result of the disease and the source of the contamination or outbreak can be established, you can sue the responsible parties for wrongful death.
What Types of Compensation Can You Recover?
When Legionnaires’ disease has affected you, a question you may have is, “How much are Legionnaires’ disease lawsuit settlements?” According to Legionella Control Systems, reported settlements and jury awards in Illinois range from $50,000 to $6.4 million. However, the value of your settlement or court award will depend on your case. The damages you’ve suffered play a huge role in determining the value of your settlement. Economic and non-economic damages are the main types of compensation you can recover.
Economic damages are based on the financial losses suffered. Examples include costs of hospitalization, rehabilitation, medication, and lost earnings due to time off work to recover from the illness. If a victim dies from Legionnaires’ disease, surviving family members can seek compensation for funeral and burial expenses. Economic damages are easier to calculate since you can refer to invoices, bills, receipts, or pay stubs to compute them. However, estimating future economic damages, such as long-term medical care and loss of future earning potential, may require an expert’s help.
Non-economic damages are based on the physical and emotional losses suffered from the disease. They include intangible losses like pain and suffering, mental anguish, disability, depression, and loss of consortium. They’re more difficult to prove and quantify. A Legionnaires’ disease attorney can help you come up with a suitable estimate.
Who May Be Liable for a Legionnaires’ Disease Outbreak?
Outbreaks of Legionnaires’ disease have been traced to fountains, pools, indoor spas, HVAC systems, humidifiers, cooling towers, and other water systems and structures. The disease commonly results from the failure to maintain these water systems properly. A Legionnaires’ outbreak liability typically falls on any party that has control over the location where the disease was contracted. Some parties that have faced liability from victims of the disease include individuals and companies involved in the ownership, operation, or maintenance of:
- Hotels
- Hospitals
- Cruise ships
- Apartment complexes
- Nursing homes
- Fitness centers
Multiple parties could be held liable for damages. A Legionnaires’ disease attorney can investigate your situation and help you identify all the parties responsible for your exposure.
When to Contact a Personal Injury Lawyer for a Legionnaires’ Case
If you or a loved one contracted Legionnaires’ disease after visiting or staying at some facility, schedule a case evaluation with a personal injury lawyer for Legionnaires’ disease. The lawyer will evaluate your case and help you understand your legal rights and options.
It’s crucial to seek legal advice if you’ve contracted the disease as part of an outbreak linked to a particular location, such as a hospital, hotel, or public space. You could benefit from filing a mass tort or class action lawsuit with the help of a mass tort lawyer. A lawyer will help you understand, “What is the difference between mass tort and class action lawsuits?”, answer all your questions, and explore your legal options.
Proving negligence in Legionnaires’ disease cases on your own can be challenging. You’ll be unable to obtain most of the documentation and evidence required to support a Legionnaires’ disease claim by yourself. An attorney’s assistance is valuable. A Legionnaires’ disease attorney can use court orders or subpoenas to obtain business records and legal documents from the liable parties. Your attorney will also help you get all the necessary medical records, reports from local health agencies, expert testimony, and up-to-date information on an outbreak.
Calculating damages usually isn’t straightforward. Partnering with a Legionnaires’ disease lawyer helps ensure you fight for the full compensation to which you’re entitled. Your lawyer will assess the damages you suffered and calculate the economic and non-economic damages you ought to demand. After building a compelling case on your behalf, your lawyer will negotiate a favorable settlement with the responsible parties and their insurers and ensure that any settlement offers received compensate you adequately for the full extent of damages incurred. If a favorable settlement can’t be reached, your lawyer will take your claim to trial and represent you in court if necessary.
Ankin Law provides experienced legal support and representation to Legionnaires’ disease victims. Having recovered hundreds of millions for our clients, we’re ready to help you get justice and the compensation you’re entitled to claim. We offer a free case evaluation and consultation, so contact us today to discuss your case with one of our experienced Chicago Legionnaires’ disease lawyers.
