Can I File a Personal Injury Claim for COVID-19?
COVID-19 has paused life in many ways. Personal injury lawsuits, however, are still being filed and processed in high numbers in Kentucky. Many of these lawsuits have to do with the coronavirus itself, such as lawsuits from negligent sanitation practices at work or hospitals. Find out if you can file a personal injury claim for COVID-19 with help from an attorney.
Was Someone Negligent?
Most personal injury claims are based on the legal doctrine of negligence. Negligence is a breach or violation of the duty of care. If someone goes outside of the accepted standards of care, that person is guilty of negligence. If negligence causes an injury or property damage to another person, the party responsible will have to pay damages. For the most part, to have a personal injury claim for COVID-19, you or your lawyer will need to prove someone else’s negligence caused your illness or a loved one’s death.
- Exposure to COVID-19 at work due to a careless employer.
- A cruise line’s or airline’s negligence in responding to the coronavirus.
- A jail or prison’s negligence in protecting inmates.
- An insurance company wrongfully denying a business interruption insurance claim.
- Medical malpractice through the failure to keep patients and staff members safe.
- A nursing home neglecting or abusing its residents.
- A defective product exposing you to the coronavirus.
For your claim to succeed, you or your personal injury lawyer will need to meet the burden of proof. In civil law, the burden of proof is enough evidence to establish the defendant as more likely to be responsible for the losses in question than not responsible. The more evidence and documentation you can gather about your case, the better it will be for your personal injury claim. Do your best to obtain medical records, photographs, eyewitness statements, accident reports and other information about your case from the very beginning.
Check the Insurance Available
Before you file a personal injury claim, make sure the allegedly at-fault party has the means to pay for a settlement or judgment award, if won. Bringing a lawsuit against someone uninsured, underinsured or bankrupt most likely will not end in financial compensation. Check to see if the defendant has enough insurance to cover your losses. A lawyer can review your COVID-19 case for you to see if you have all the elements of a claim, including a responsible party or parties who can pay.
Understand the New Court Process
The courts look a little different during COVID-19. They have implemented safety measures to help prevent the spread of the coronavirus. These measures have slowed down processing times and limited the number of claims many courthouses in Kentucky are accepting. Expect to wait longer than usual for your claim to resolve. Most nonemergency cases are being processed virtually, with judges using technology to hear cases instead of having in-person hearings. You may need to submit your claim with the civil courts online rather than visiting the courthouse in person.
Ask an Attorney
You may have grounds to file a personal injury or wrongful death claim related to COVID-19. If you believe another person or party is responsible for causing or contributing to your illness, business losses, a loved one’s death or another type of harm connected to the pandemic, contact a personal injury attorney in Louisville for a consultation about your case.
Filing a personal injury claim for COVID-19 can be easier with assistance from a lawyer. Your lawyer will understand the updated court processes in light of COVID-19, as well as any changes to the statutes of limitations. Your lawyer can help you receive safe medical care, document your illness and build a COVID-19 personal injury claim. For more information, speak to an attorney from Hendy Johnson Vaughn Emery today.