The legal answer is: it depends. Can you file a lawsuit for contracting COVID? Technically, yes. Should you file a lawsuit for contracting COVID? Probably not. Most courts are tossing the cases because it is nearly impossible to prove that COVID was contracted at a specific location.
All over the world, COVID-19 and new variants continue to spread throughout our communities. American life has pivoted and people have started to pay more attention to their legal duties and protections under this ‘new normal’.
It is safe to say that 2020’s health crisis brought a lot of change in a short amount of time. This has partly resulted in some confusion about whether certain rights are owed to employees, customers, patients, and the elderly as decisions are made daily with potentially life-changing effects.
The law firm of Fernandez & Hernandez is open to reviewing cases involving COVID-19. We understand the difficulties so many families have faced in this pandemic related to loss of loved ones and personal injuries from the disease.
Did you or a loved one contract COVID-19 as a result of negligence? Schedule a free consultation to discuss your case today by calling 813.755.9500 or submit an online form.
Can A Victim Or Their Family Sue If They Contract COVID-19?
Under the current circumstances, each case involving COVID-19 will likely involve several factors which can be very personal to you and your situation. For that reason, there is no one way to evaluate a case of a victim being injured or losing their life after contracting this disease.
Determining whether a claim could be viable and if there was negligence in relation to someone getting infected would probably need to involve some fact-finding and research, given how frequently legal and social standards have been changing.
Regardless of the challenges due to timing, we are here to help you, and can meet for free to discuss your case and give advice on what options you may have. Based on the legal structure of personal injury cases, the circumstances surrounding a victim’s illness, including how and when they contracted COVID-19, could be significant for a potential case.
What Kind Of Evidence Would Be Involved In A COVID-19 Personal Injury Case?
The injuries and/or any losses that resulted from someone getting the virus could be an important component of evidence to show the degree of the harmful impact that resulted. Also, it may be important to show whether the premises where the disease was contracted used a reasonable degree of care as part of their legal duty to prevent the victim from harm.
If, say, a business or facility did not reasonably try to keep the victim from contracting COVID-19, that may serve as evidence that there was a breach of their legal duty. That may be able to serve as the basis of a legal claim that there was negligence leading to a personal injury or a wrongful death.
Finding A Lawyer To Protect You And Loved Ones
The COVID pandemic has affected so many people’s lives and continues to do so today. It has also changed the legal landscape and our firm is willing to meet with victims who believe they have suffered an injury or loss of life because of an at-fault party.
If you have or a loved one has contracted COVID-19 from negligence and want justice, we can help you. Our case reviews are typically private meetings with one of our attorneys to discuss your case, your options, and what services we offer to clients.
Call our Tampa office to schedule a consultation today at 813.755.9500 or visit our homepage to fill out an online form.
