Types of Recoverable Compensation in a Legionnaires Disease Claim
Were you diagnosed with Legionnaires disease? Did you contract the illness in a public place like a hotel, community pool, or even from the HVAC system at work? As long as the source of the infection isn’t from your home, there’s a good chance you’re eligible to recover compensation for your losses.
So what are the types of recoverable compensation in a Legionnaires disease claim? Some you may be familiar with like medical bills and others may be surprising. To help ensure you can receive the maximum value of your Legionnaires disease claim, here’s a look at the different types of compensation you may be able to claim.
Types of Compensation Available
Your Legionnaires disease claim falls under personal injury law. This means you can list the same damages but don’t start envisioning hefty claim amounts. Your included damages must be supported by proof. You can list random losses.
For example, your Legionnaires disease injury claim probably isn’t going to list car repairs as damage. Chances are, your claim isn’t going to include any property damage since you're dealing with a respiratory illness.
So, what damages can you legally include in your Legionnaires disease claim? While every case is unique, the losses are often the same. Here are the common damages included in most injury claims.
Medical Expenses
A large portion of your insurance claim will deal with your medical expenses. Treating Legionnaires disease, even when it’s caught in the early stages isn’t exactly cheap. You have costs associated with the doctor’s visit. Don’t forget about the costs of lab work. Your physician will take either a blood, urine, or saliva sample to check for the presence of legionella bacteria.
You’re also going to have costs associated with your treatment. Legionnaires disease is treated with antibiotics, and even a generic prescription can be expensive.
These are only the medical expenses associated with treating the disease early. If you ignore your symptoms, the disease can easily result in life-threatening health complications like kidney failure and sepsis.
When your symptoms are severe, a lengthy hospital stay is usual. You may be hooked up to an IV and even need assistance breathing. This type of treatment is expensive. Even spending a night in a hospital can easily run into the thousands of dollars. Thankfully, extended hospital stays and advanced treatment methods are usually considered recoverable damages.
You may be wondering about compensation if your bout with Legionnaires disease leaves you with a chronic health problem. If you require long-term or a lifetime of care, you can list this loss.
To prove your medical costs, you will need to provide plenty of documentation. This includes everything from your medical records to diagnostic test results and prescriptions. You also want to save all bills and receipts. If long-term care is required, you may need to present expert medical testimony.
Yes, this does come at a cost and it’s not recoverable. Your accident attorney can discuss the pros and cons of bringing in experts. If it’s not necessary to prove your Legionnaires disease claim, there’s no reason to spend the money on an expert witness.
Lost Income
Legionnaires disease is a form of pneumonia, it takes a while to get back on your feet. This is usually true even if you start treatment the instant you notice signs and symptoms.
Don’t forget, Legionnaires disease can be contagious and most employers prefer you stay home until you get a clean bill of health. This means you’re missing out and probably a paycheck or two. If your symptoms land you in the hospital, you may be out of work for a month or more.
Your Legionnaires disease claim can include your lost current income. These are the wages you’re missing as you recover from the illness. If the disease leaves you unable to return to work, you may be able to claim lost future income.
A quick note. Don’t expect to receive all of your future lost income. However, there’s a good chance you can claim a significant portion of your future earnings.
You’ll need to provide the insurance adjuster with recent pay stubs and other financial statements to prove your lost current and/or future income.
Non-Economic Damages
If you’re not sure what non-economic damages are, you’re not alone. These types of losses can significantly impact the value of your Legionnaires disease claim. Non-economic damages are intangible. Some examples of non-economic damages include pain, suffering, mental anguish, loss of life enjoyment, and even loss of consortium.
So, how do you place a price tag on your pain and suffering? Chances are, you’re placing a high value on your mental anguish. Unfortunately, you can’t claim what you believe your non-economic damages are worth. Instead, you and your attorney can use one of two methods to calculate the value of your non-economic damages.
You can use the per diem or the multiplier method. Both are accepted by insurance companies. However, it’s a good idea to use both methods. This way, during negotiations you can start with the higher value. If the insurance adjuster declines to settle, you can counter with the lower value. Sometimes, using both methods can help speed up the settlement process.
The per diem method looks at the number of days you experienced pain and suffering. Next, you assign your pain a monetary value. The higher the number the greater your pain. Multiply the number of days you experienced pain by the assigned number.
An example of a formula is:
30 (number of days you experienced pain) x $100 (value of your pain) = $30,000.
You can also use the multiplier method. This method takes the value of your economic damages and multiplies it by a number you assign your pain, usually between 1.5 and 5. A higher number indicates greater pain.
Your formula will look like:
$50,000 (total economic damages) x 3 (number assigned to your pain) = $150,000.
Ensuring You Recover Fair Compensation
Recovering compensation in a Legionnaires disease claim can be complicated. However, you can simplify the process by working with an experienced Legionnaires disease attorney. From providing proof to helping you calculate your damages, your attorney can be with you every step of the claim process.
