Legionnaires’ Disease Claims

Anyone in charge of a building has a responsibility to keep its water systems well-maintained and free of contamination. If you become ill because they have failed in their duty of care, you could make a claim for compensation.

Water should be cooled or heated to ensure that it isn't in the temperature 'danger zone' of 20-45C. It also needs to keep moving and be free of impurities. Systems should be regularly checked and if any faults are found, they need to be fixed immediately to prevent contamination leading to illness. Issues reported by guests or tenants, such as dirty water coming out of taps or smells coming from air conditioning ducts, must be fixed.

There are strict health and safety regulations in place that govern the maintenance of water systems. This is to prevent illnesses like Legionnaires' disease. Anyone failing to adhere to these regulations is liable if it results in illness.

If you have Legionnaires’ disease due to a failure to adhere to regulations, we are here to help you make a claim.

The initial symptoms of Legionnaires' disease are easily confused with flu, but the disease can lead to severe complications. Those affected can develop symptoms of pneumonia, such as:

• A persistent cough, starting dry and potentially becoming phlegmy or bloody
• Shortness of breath
• Chest pains.

Severe infection can also cause organ failure or septic shock. These complications are fatal for an estimated 10% of otherwise healthy people who contract Legionnaires' disease.

Certain factors can increase the severity of these symptoms and the risk of complications. You should be particularly wary of Legionnaires' disease if you are:

• Over 50 years old
• A smoker or former smoker
• Drinking alcohol heavily
• Living with an underlying medical condition such as diabetes, kidney disease, or lung conditions
• Living with a weakened immune system, e.g. due to HIV or ongoing cancer treatment.

Most of the deaths associated with Legionnaires' disease occur in those 70 years of age or older. The NHS advises that those who are particularly at risk avoid water systems that could be contaminated, such as spas.

If you have lost a loved one due to Legionnaires' disease, we can help you access support services as well pursue a claim on their behalf. See our Coping with Bereavement page for more information.

Legionnaires’ disease can sometimes lead to serious health challenges that require intensive care. This can lead to its own series of complications, including:

• Critical care needs: In severe cases of Legionnaire’s Disease, patients may need to be placed in an induced coma to help their recovery.
• Emotional and mental health: Prolonged stays in the Intensive Care Unit (ICU) can be difficult, sometimes leading to feelings of confusion or distress, and sleep disturbances.
• Nerve health: Some patients might experience nerve-related issues following a critical illness.
• Recovery journey: After leaving the ICU, some individuals may face ongoing recovery, which may be due to a condition known as Post Intensive Care Syndrome (PICS). Symptoms can include physical weakness, fatigue and cognitive impairments, like forgetfulness and difficulty concentrating.

To begin your Legionnaires’ disease claim, get in touch with our team. We will arrange a free 30-minute consultation where you can speak to an expert illness solicitor. They will listen to what happened to you, advise you on whether you could claim, and for how much. They will also make you aware of all funding options, such as no win no fee.

There’s no obligation to go any further than this, but if you choose to pursue your claim with us, we will begin by collecting evidence. Evidence we can use to support your claim can include:

• Medical records
• Receipts
• Witness statements
• Independent medical experts.

Once we have collected this evidence, we will contact the individual, institution, or organisation responsible for your illness. If they accept responsibility and the compensation amount, we will be able to settle your claim.

If they dispute blame or how much compensation we feel you need, we may need to begin court proceedings.

We normally work to keep your claim from going to court, but there may be instances where it’s in your best interest to take your claim to court. If you do need to go to court, we’ll do all we can to make sure you’re as prepared and comfortable as possible. We will always act on your instructions and advise you on how we feel it’s best to proceed based on your unique situation.

Yes, if you contracted Legionnaires’ disease abroad, you can make a claim for compensation. Our international illness claims team can help you to make a claim if you became ill while on holiday or staying abroad.

Large buildings with more complex water systems, such as hotels, museums and spas, are at a greater risk of legionella contamination.

As the disease is usually preventable, you may be able to claim compensation if it was caused by the negligence of another party while abroad. Tour operators should ensure that hotels they use for your holiday are meeting health and safety standards and should warn you of the risks.

The usual time limit in the UK for making a claim is three years. If you contracted Legionnaires’ disease in another country, this time limit can often be shorter, so it’s important to start your claim as soon as possible. Contact us to tell us what happened to you.