Personal Injury Attorneys Must Anticipate the Obstacles They May Encounter Due to COVID-19

Large-scale global and local events are perpetually keeping personal injury attorneys on their toes. The latest incident is undoubtedly the vast and cataclysmic spread of COVID-19. With stricter guidelines for limiting exposure to the novel virus coming out each day, the ripple effects of COVID-19 are being felt across the nation.

On March 19, Texas Gov. Greg Abbott announced an executive order restricting crowds of over 10 people, closing restaurants (still allowing takeout), retail stores, gyms, schools, bars—anywhere people generally gather. Within the week, most Texas counties took the order a step further, telling residents to “shelter in place,” asking them to only leave if they are an essential employee (government official, medical practitioner, supermarket employees, etc.), or to acquire essential items for their household.

The effects of these restrictions have had an impact on the economy, personal finances and the psychological well-being of the United States at large. The personal injury sector has not been immune and has been significantly affected by the COVID-19 pandemic. Understanding the various ways in which personal injury law has been affected and potential resolutions can aid in alleviating some of the inevitable damages.

Thousands of employees laid off from their jobs are now anxious as to how they will stay afloat and keep up with their bills. This becomes the perfect scenario for insurance companies and personal injury defendants to capitalize on peoples’ desperation for income. While many insurance providers will undoubtedly behave ethically, personal injury plaintiffs are likely to want to concede to their hopelessness and accept settlements they would not consider to be reasonable under normal circumstances given that they might need immediate funds. Insurance companies and personal injury defendants are well aware of peoples’ fears, and while many will do the right thing, others will likely begin to lower their offers in the hopes that a frantic plaintiff will be forced to accept quick cash over a fair settlement. It’s important for personal injury attorneys to advise their clients on the best course of action. Encouraging clients to remain rational and helping them to not fall prey to predatory offers out of panic and fear is integral to getting clients fair and just compensation for their personal injury cases.

Close medical monitoring of clients by their doctors is essential to personal injury cases. Exact dates of diagnoses, worsening of symptoms and deteriorating health due to the negligence of defendants can be the foundation of a personal injury case. Many clients are now hesitant to visit medical facilities for fear of contracting the virus. Oftentimes, clients are treated by doctors away from their home state, and are now unable to travel to see their physicians. Especially relevant to suits like mesothelioma or asbestos-related diseases, many pulmonologists and asbestos exposure health specialists are preoccupied treating COVID-19 patients. These effects may not only delay legal proceedings, but can seriously impact the facts available for their personal injury case. Attorneys should ask clients to keep a written detailed and dated journal on their health, making sure to include any symptoms they are experiencing and major or minor changes to their health as a result of the injury they sustained.

Personal injury cases will also certainly be affected by the closure of courthouses, which can put major delays on legal proceedings. Due to the time-sensitive nature of many personal injury cases, these delays can be devastating to a case. As of March 19, the Texas Office of Court Administration is allowing thousands of judges across the state to use video conferencing to conduct legal proceedings, with the exception of jury trials. In an effort to keep cases on track, personal injury attorneys should be diligent in determining if the judges presiding over their cases are participating in this allowance and thus can continue their cases over video conference.

The consequences of COVID-19 do not discriminate—every single person in the United States has been affected by the virus in some way. People’s priorities and day-to-day schedules are shifting and being rearranged—CEOs have been forced to become full-time caretakers of their children, business owners are forfeiting their salaries to pay employees. With so much change and uncertainty, it’s inevitable many who once prioritized their legal cases, or who had wanted to begin a personal injury case, will now push it to the back burner. Emphasizing to prospective clients and retained clients alike the time-sensitive nature their cases may possess and the particular statute of limitations on their cases will hopefully encourage clients to once again prioritize their personal injury case.

With so many Americans out of work and struggling to pay bills, many will be forced to forfeit payments, including car insurance. This is especially detrimental to personal injury lawyers because they might, as a result, find themselves in litigation against an individual—a case with far less payout potential. If a personal injury attorney finds themselves in this less than ideal situation, it may be possible to go after a third party. If the driver at fault is driving for a corporation like Uber, or is a truck or bus driver when the accident occurs, the employer may be held liable. Additionally, if the accident was caused in part by poor signage or another outside factor, that may come into play as well.

In this time of chaos and uncertainty afflicting the country, it’s imperative for personal injury attorneys to anticipate the obstacles they may encounter due to the COVID-19 epidemic. Understanding the different ways in which COVID-19 is affecting personal injury law and exploring possible remedies can mitigate the damage and effects the virus will have on the personal injury industry.

Brett Cain is a trial lawyer who has tried over 50 jury trials and has resolved hundreds more disputes by mediation since 2006. He is the owner of the Cain Firm, a partner of The Law Center, a national network of top law firms with decades of experience in advocating for those who have suffered from personal injury, asbestos-related diseases, motor vehicle accidents and more. Cain is proud to stand up for those who cannot stand for themselves, and as a result, has recovered millions of dollars for clients after insurance companies initially wouldn’t pay.

If you live in Las Vegas, Hinds Injury Law Firm has been helping accident victims for 20 Years in Las Vegas, Nevada. They specialize in getting you the maximum compensation you deserve.

Take a look, Hinds Injury Law Las Vegas, you won't regret it.