Can I Pursue a Personal Injury Claim After a COVID-19 Diagnosis?

Can I Pursue a Personal Injury Claim After a COVID-19 Diagnosis?

Scott Dylan Westerlund
Scott Dylan Westerlund
 | 

At this point in history, we’re still not sure what the long-term impacts of COVID-19 will be. Millions of Americans are currently struggling to recover, and many find themselves still experiencing symptoms months after testing positive. Have you recently suffered significant losses after catching COVID-19?

If so, then your first thought was likely – where did I come into contact with the coronavirus? Did someone else’s negligence lead to the transmission of COVID-19? If so, then there’s a possibility that you may be able to seek out a COVID-19 personal injury claim. To do so, you’ll need to prove three specific things.

1. A Duty to Provide For Your Care

First thing’s first. If you’re hoping to claim some coronavirus compensation, then you’ll need to prove that the other party had a duty to provide for your care. That means the other person or party must have had a legal obligation to take reasonable steps to ensure your safety.

When you hear “legal obligation”, you might think that a contract needed to be in place. That’s not the case. By law, a duty of care is considered an implicit responsibility of certain individuals including:

• Property owners

• Business owners

• Employers

• Doctors (when you have a patient-doctor relationship)

• Drivers on the road

• Nursing home facilities

When it comes to COVID-19 liability, you might have a claim against a doctor, nursing home facility, employer or business owner. You’ll need to identify who the potentially liable parties are, and then, you’ll need to prove that they had a legal obligation to provide for your care.

2. COVID-19 Negligence: A Breach of Duty

Next, you must prove that the liable party didn’t take reasonable steps to prevent the spread of COVID-19. By failing to uphold their duty of care towards you, they’ll be considered negligent and therefore legally liable for your losses.

This second factor will be the most difficult to prove during your case. After all, the coronavirus is a completely new virus that we know very little about. Certain precautions have been put into place, but none of these measures are 100% effective at stopping COVID-19 from spreading.

During this pandemic, it’s reasonable to assume that business owners, employers and healthcare providers are all taking specific precautions. Depending on your state, these parties should be taking measures like asking customers to wear a mask, disinfecting surfaces often and implementing social distancing.

A failure to adhere to local and state recommendations could be considered negligent behavior. This specific determination hasn’t been made in the courts, yet, though. It’s also important to consider that many states are granting certain immunities to ‘essential’ businesses, healthcare providers and employers. It remains to be seen whether these types of COVID-19 personal injury claims will be successful in courtrooms or not, so it’s important to consider hiring an attorney if you want to pursue a lawsuit regarding COVID-19 negligence.

3. You Suffered Losses Due to Your COVID-19 Diagnosis

The last thing you’ll need to prove to pursue coronavirus compensation is that you suffered losses due to your or your loved one’s COVID-19 diagnosis. These losses are often straight-forward and easy to prove. All you’ll need to do is document how much money you spent on medical care and how much income you lost due to your diagnosis.

If your loved one passed away or you believe you’ll need long-term medical care, then your case will be a bit more challenging. It’s difficult to place a monetary value on the loss of life, and it can be equally as challenging to determine what your future medical costs may be. If you’re considering pursuing these types of damages, then it’s best to consult with a lawyer before heading to court.

Pursuing a COVID-19 Personal Injury Claim

Getting coronavirus compensation will likely be an uphill battle for you. Due to the pervasiveness of the virus, it will be difficult to prove how you caught COVID-19 and that the other party was negligent. On top of that, you may face additional hurdles depending on the state you live in. Some areas, like Tennessee, are passing legislation to make it harder for citizens to pursue a COVID-19 personal injury claim.

Are you ready to face those challenges head-on and seek out compensation for your losses? If so, then it’s best to hire an attorney who can help you meet your goals. Use LawChamp’s lawyer search now to find a qualified lawyer in your area.

 

This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.

 
Scott Dylan Westerlund

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