Whether coronavirus victims can sue for personal injury depends upon the details of their case. These unprecedented times continue to change as more information becomes known about the virus and its effect on the population.
A key component of personal injury law is proving negligence. We must prove that a business, person, or organization failed to use proper care to prevent the spread of the virus. This is often challenging with such a contagious disease.
As personal injury lawyers, we understand your grief over the loss of a loved one or your frustration over your own coronavirus (COVID-19) diagnosis.
The Spread of Coronavirus
The World Health Organization (WHO) declared COVID-19 a pandemic in March of this year. COVID-19 quickly spread throughout the United States, resulting in severe SARs (severe acute respiratory) cases, thousands of deaths, and causing states to close for business.
Daily news reports show the devastation experienced by the following:
- Health care workers and first responders
- Cruise ship travelers
- Nursing home residents
- Grocery shoppers
These are just a few examples of the types of industries and services impacted by the spread of COVID-19. Determining whether conditions of these and other businesses and organizations resulted in your exposure—or that of a loved one—to the virus is where we can possibly help you.
Negligence and COVID-19
In order to recover compensation for your medical bills, loss of income, and other expenses, we must prove the following:
- The liable party owed you or your family member a duty of care.
- The liable party behaved negligently and failed to uphold that duty.
- This failure to uphold that duty caused your illness.
- Your illness caused you or your loved one to suffer damages.
Each case is different when it comes to personal injury law. This is especially the case when it comes to potential legal action regarding COVID-19.
Determining liability for your COVID-19 illness involves proving the defendant failed to exercise the same care another person would use in like circumstances. While challenging, COVID-19 is a basis for civil action in certain cases.
Information from the Centers for Disease Control and Prevention (CDC) and other federal health organizations warn of the dangers of COVID-19 for the senior population. Current data shows that as many as eight out of 10 deaths from the virus have been in adults ages 65 and older.
Stories concerning COVID-19 cases and senior living centers continue to fill the news as more and more facilities lose residents to the virus.
If you lost a close loved one at a senior living center that failed to follow the recommendations set by the CDC, you may be able to file a wrongful death claim.
Wrongful death claims during this time can result from a variety of circumstances and not just outbreaks at senior living centers. A member of a law firm can help you determine whether or not you might qualify to file wrongful death litigation.
Contact Chalik & Chalik Injury Lawyers Today
There is still much to learn regarding COVID-19. As Florida slowly reopens, the spread of the virus remains a concern. Following the CDC’s recommendations for how to protect yourself and others is an important step in keeping you and your family safe.
COVID-19 is very serious, and more than 100,000 people have died from the virus in the United States, as of May 28, 2020, according to the Washington Post. Social distancing, hand washing, and wearing masks are just some of the ways Americans are attempting to prevent the spread.
If you contracted COVID-19 or lost a loved one under circumstances that were unsafe, let us review your case for free. Determining whether coronavirus victims can sue for personal injury is something we will be able to decide upon a careful examination of all evidence related to your case.
Once we take on your case, we will determine whether it would benefit you to join multidistrict litigation, a class action, or to file an individual lawsuit against the negligent parties. We have already filed legal action on behalf of dozens of people affected by coronavirus due to negligent behavior by cruise lines.
We will build the strongest case possible on your behalf to recover the compensation to which you are entitled. If we are unable to secure a fair settlement out of court, we are willing to go to trial.
Chalik & Chalik Injury Lawyers works on a contingency fee basis, meaning you owe us no attorney’s fees unless we win your case. The statute of limitations for pursuing civil litigation for both personal injury and wrongful death allows little time for filing your case. If you miss the deadline, you may be barred from pursuing civil litigation forever.
Do not miss your chance for possible compensation. Call Chalik & Chalik Injury Lawyers today at (855) 529-0269 for your free case evaluation.