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Personal Injury Claims in the World of COVID-19

— December 9, 2020

If you’ve been hurt by poor business practices related to COVID-19, you should consult a local attorney.

Many things in our lives have been changed because of the global COVID-19 outbreak. Even though most people have responded to the pandemic well, many are already referring to this new lifestyle as the “new normal”. 

As leaders contemplate reopening plans to lift coronavirus restrictions, business owners are anticipating the legal risks of operating a business in a global pandemic.

Identifying the necessary precautions needed to avoid the transmission of the virus between employees, customers, and others and preparing for the potential of liability in the case that someone becomes ill or dies from the virus because of their interaction with the business are some of the main concerns of business owners these days. 

Personal Injury Negligence and COVID-19

Because negligence is the basis for the majority of personal injury lawsuits, these cases typically do not come about from contracting an infectious virus. 

To prove negligence, the plaintiff must prove that they wouldn’t have contracted the virus if the defendant has acted in a reasonable fashion. The issue is, it can be extremely difficult to prove beyond doubt the source of virus exposure. Which also makes it difficult to identify an action made by the defendant that has shown a lack of reasonable care.

Nonetheless, there are a few situations where a plaintiff can bring a personal injury claim against a defendant for contracting the novel coronavirus. Here are some of these situations:

Medical Malpractice

Medical malpractice claims differ from regular personal injury claims in that they involve a higher standard of care.The plaintiff, with the help of an expert attorney, would have to explain in detail why the healthcare provider may have acted negligently and broke the standard of care. 

What makes medical malpractice claims tough is the involvement of a large number of procedural requirements. That’s why retaining the help of an expert will largely increase your chances of winning your case.

Although some states have already enacted laws that shield health care providers from liability for coronavirus cases, If a patient was exposed to COVID-19 at a healthcare facility as a result of negligence, they are still able to file a claim against the provider.

Nursing Home Negligence

Since the novel coronavirus has struck us in late 2019, it was clear that nursing homes would become one of the hot spots for virus infections. Given that nursing homes mostly house older people who often have health issues, they prove to be a recipe for a disaster with a virus pandemic like the one we’re witnessing.

Ohio Nursing Home Caregivers Indicted on Multiple Charges
Photo by rawpixel on Unsplash

According to the latest data, more than 40% of fatalities related to COVID-19 were workers and residents of nursing homes. 

Although most nursing homes operate as non-profits, they still have a duty of care to provide to the people to whom they cater. They are required to have sanitation and movement protocols that would prevent the spread of the virus between patients and workers. Because of that, nursing homes could be held liable for negligence if a worker or patient caught the virus on the premises.

Workplace Exposure

Because of stringent workers’ compensation laws, most people who suffer injuries through contracting the coronavirus at their place of work will not be able to recover damages.

Employees that work in public safety and health care sectors may be able to recover workers’ compensation benefits depending on the laws in their area.

Talk to a Local Personal Injury Attorney

If you’ve been hurt by poor business practices related to COVID-19, you should consult a local attorney. For example: if you’ve been injured in Denver, Colorado, you should speak to a Denver personal injury lawyer. 

Because laws differ from state to state, retaining a local expert who knows the laws and knows how to win would give you the highest chances for success. 

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