What Does a Legionnaires’ Disease Lawyer Do?

If you or your loved one contracted Legionnaires’ disease, you may be entitled to compensation. Time is of the essence. Oftentimes, you only have two years from the date of your injuries to begin a lawsuit. If your loved one died from the disease, you often have two years from the date of death to file a wrongful death lawsuit. It is important to contact an experienced group of Legionnaires’ disease lawyers to discuss your situation as soon as possible after you are diagnosed. 

What Damages Can I Get Compensation For?

The value of your Legionnaire’s disease claim depends on your unique circumstances, including:

• Your medical expenses, both past and future,
• Any past or future lost wages,
• Funeral or burial expenses (in wrongful death claims),
• Non-economic damages (e.g., loss of consortium or pain and suffering).

It is important that you maintain records of all of your costs associated with your illness.

What Will My Lawyer Do?

Legionnaires’ disease happens when someone fails to properly maintain domestic and industrial water systems, such as cooling towers; heating, ventilation, and air condition systems; or other water systems like those found in fountains, spas, or pools. For you to have a successful Legionnaires’ disease lawsuit, your attorney must show that the responsible person or company was negligent. To do so, they must prove the following:

• You have a confirmed diagnosis of the disease,
• You contracted the disease from the location that the responsible party controlled,
• The company or person did not properly maintain the water sources, and
• Your damages happened because of the disease.

Responsible parties include anyone who had some sort of control over the property where you contracted the disease, such as the owner, manager, or maintenance company. Your attorney will investigate the situation to figure out who is the responsible party to sue, as there may be more than one. Your job is to maintain your medical records and any other documentation related to the situation or your diagnosis. Your attorney will handle all of the legal procedures.  

What Happens After My Attorney Files the Lawsuit?

The lengthiest portion of your lawsuit will be the discovery phase, where your attorney must gather all the evidence to make your case. Your attorney will investigate the place you contracted the disease from. That could involve obtaining reports from local health departments or public agencies, or an environmental investigation. They may have to subpoena legal documents or business records from the defendants. They also will interview witnesses and set up expert testimony. In the meantime, the defendant will be going through the same process to establish their defense. 

Your attorney and the defendant’s attorney will probably attempt to negotiate a settlement. Sometimes it is best to settle because litigation can be very expensive and time-consuming. Your attorney will advise you whether the settlement is fair or whether you stand a better chance of recovery at trial. If a trial is necessary, your attorney will present all of the evidence to the judge or jury. The defendant’s attorney will do the same in their defense. Once the case is completed, the jury will decide on the verdict, including the amount of the damages.