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Personal Injury During COVID-19 Pandemic

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The spread of the COVID-19 virus in San Luis Obispo and across the United States has impacted every aspect of people’s lives. Numerous states mandate citizens to participate in social distancing, resulting in the shutdown of many non-essential businesses and services, even courts. As a result, litigation in cases of personal injury during COVID-19 pandemic has unexpectedly changed.

With all that is happening around the world right now, car accidents and motorcycle accidents continue to happen, and people continue to get injured from another person’s negligence. It’s also possible that you were involved in a past accident that has yet to be resolved.

If you were injured before or during the COVID-19 pandemic, you should hire a personal injury attorney who will fight for your rights. The San Luis Obispo-based 805 Law Group helps victims recover the damages they are entitled to. We know how personal injury during the COVID-19 pandemic can worsen a difficult situation, and we’ll work hard to help you get a favorable outcome. Get in touch with us immediately so that we can schedule a time to meet and talk about your personal injury case.

What Should You Expect to See in Cases Involving Personal Injury During COVID-19 Pandemic?

The courts may not seem as busy as before the coronavirus pandemic, but judicial activity is still happening. Personal injury lawyers keep on working hard to satisfy their client’s expectations. 

Several changes you can anticipate are:

  • Stricter rules for in-person meetings between clients and attorneys
  • Fewer people are working in the law firm at any single time.
  • A spike in the volume of virtual meetings
  • Longer processing time for claims involving personal injury during the COVID-19 pandemic
  • Minimal compensation offers from insurance providers.

What Can Help Claimants Get Through the Postponements and Delays?

Unfortunately, court proceedings are often delayed or postponed these days. Nonetheless, as long as your personal injuries don’t stop you from doing so, you can do a handful of things on your own. Use the strategies below to stay focused on the ultimate objective as you wait for your case to reach the final stage:

  • Keep calm – Your personal injury lawyer is working hard to conclude your case successfully.
  • Follow your lawyer’s advice – Even if this is not your first personal injury claim, it might be your first lawsuit during the COVID-19 pandemic. Some rules are slightly different, so give importance to your lawyer’s advice.
  • Get medical treatment and get documentation – Because you were injured due to someone else’s negligence, you should request dated documentation of every visit, as well as other medical records about treatment and testing. Make absolutely sure you undergo the medical care you need, especially since this information may be useful to determine fair compensation.
  • Embrace telemedicine – Virtual appointments are becoming more popular among doctors. Your doctor visit may not be traditional, yet your doctor is only a phone call away.
  • Be patient – It may seem that your personal injury case is taking ages, but it isn’t. Remember that during the COVID-19 pandemic, every court is working at a slower rate.

It’s reasonable to be concerned about how you’ll pay your bills following an injury. With the world in such turmoil, processing claims involving personal injury during COVID-19 pandemic will take longer than it did the previous year or even the year before. Our personal injury attorneys are ready to help you. Give us a call. We would gladly walk you through the legal implications of your personal injury claim.

What are the COVID-19-Based Personal Injury Claims?

The majority of personal injury claims are based on a legal concept known as negligence, which states that a person or business did not exercise proper care under the circumstances. The claimant must prove they wouldn’t have suffered injury if the defendant had behaved appropriately. These cases are not usually the result of catching a contagious disease. It might be difficult to establish the actual source of exposure, in addition to the specific action by a defendant that proved a lack of due care. However, in some cases, a patient may file a negligence claim versus a defendant after catching the COVID-19 virus.

Negligence in Nursing Homes

The elderly are most prone to catching COVID-19 and suffering severe symptoms. Many elderly Americans reside in nursing facilities, where the COVID-19 virus usually spreads quickly. A resident may be able to sue a nursing home if evidence reveals that the nursing home failed to make reasonable efforts to safeguard its residents against infections. They would have to prove that they caught COVID-19 as a result of inadequate safety precautions by staff members. These might include unsanitary facilities that fostered disease transmission or a poor response to a community outbreak. 

A nursing home, for example, may need to isolate patients and employees, disinfect and clean specific areas, and notify other residents about the risks. Each case is unique, and the specific circumstances determine the appropriate steps.

In May 2020, 15 states gave nursing homes, as well as other long-term care facilities, immunity from certain types of COVID-19-related claims. Alabama, Arizona, Connecticut, Georgia, Illinois, Kentucky, Massachusetts, Michigan, Mississippi, New Jersey, New York, Nevada, Rhode Island, Vermont, and Wisconsin are among these states. California did not give nursing homes legal immunity for claims involving COVID-19.

Cruise Ship Liability

Some patients may have contracted the virus while on a cruise ship. When this happens, they will most likely be able to trace the exposure back to their cruise. A passenger might be entitled to sue the cruise company if it fails to take reasonable steps to ensure its safety. 

A healthy passenger who consequently contracted COVID-19, for example, may have a claim if crew members failed to identify infected people and remove them from healthy passengers within a reasonable period. The law in cruise ship lawsuits can be tricky because the contract on the ticket restricts potential claims. One of these restrictions is a prohibition on class actions. However, it is not clear if the prohibition would be enforced.

If you want to know if you have a valid claim, you can consult our experienced San Luis Obispo personal injury attorneys. 

Exposure in the Workplace

Most employees who catch COVID-19 at work are unlikely to have a claim involving personal injury during COVID-19 pandemic. However, those who work in the healthcare industry or public safety, such as firemen or police officers, are likely to be eligible for workers’ compensation benefits. Because of the laws in this area, most other employees may have an uphill battle in seeking workers’ compensation. Learn more about workers’ compensation and potential options from the attorneys at 805 Law Group.

Speak with an Experienced San Luis Obispo Personal Injury Attorney

The COVID-19 virus has far-reaching consequences that will influence litigation for the foreseeable future. If you were injured before or during the coronavirus pandemic and want to file a compensation claim, it is important to understand how the coronavirus pandemic may impact personal injury claims. 805 Law Group has the experience and resources to help you in obtaining the maximum amount of compensation available for your personal injury during COVID-19 Pandemic. He serves California residents from his office in San Luis Obispo and Atascadero. To book a consultation, call the 805 Law Group now!