COVID-19 – Taking it one day at a time
This very moment in time may be one of historic proportions – a point on our earthly calendar that marks the permanent change of our ways of life. It is the point, to quote an overused phrase, of the “new normal.” For those with personal injury lawsuits, our court system has been impacted which has required wading into new territory. When taking inventory of the landscape, multiple industries have been at a standstill including the legal profession. When looking from our unique legal perspective, personal injury claims may be forever complicated by the challenges of COVID-19.
With all the unknowns, and the political pressures and posturing, we all are trying to navigate this pandemic. The difficulties we have experienced seem to touch everyone all over the world and its ramifications are certainly being felt here in Florida.
“Here in our great state of Florida, our firm recognizes that we are dealing with a trial of epic proportions yet this will not stop out team, who are dedicated to seeking justice for our clients, from working hard to fight for the compensation for the victims of another’s negligence.”
How is my Personal Injury Lawsuit affected by the COVID-19 pandemic?
There are several areas of your case which may be impacted by the current pandemic and our Firm is prepared to guide your claim through those muddy waters. In terms of your responsibility, the most important items for maintaining your personal injury case is to not put off seeking medical treatment or consulting with a lawyer. By failing in either of those two areas, you would be jeopardizing your wellbeing and diminishing the value of your claim.
Our firm recommends the following to keep your personal injury claim on track:
1. Continue to receive recommended medical treatment if at all feasible.
It is very likely, with medical facilities needing to address their own business concerns, that you may have appointments canceled. As “hot spots” flare up around the state, one of the first things shut down are elective surgeries (especially in hospitals). One option to maintaining your treatment schedule is to see if your visits can be completed through telemedicine. If a meeting by video or phone is not possible, then you must be diligent in rescheduling any missed appointments. When you are in office, make sure you practice current CDC guidelines and take precautions including handwashing and social distancing.
2. Communicate with your legal team.
The value of your case is built upon several factors with one being your continued medical care. Make sure your attorney is on the same page by letting them know if you have any appointments rescheduled or canceled. If you find that you are COVID-19 positive and need to quarantine, make sure you make your attorney aware.
There are other factors to consider as well. The pandemic could impact the course of your case. As many of these claims are settled prior to a trial, the negotiation process might move slower than normal. In a similar manner, the entire settlement progression could crawl along. If the case does move towards litigation, things such as taking depositions, interviewing witnesses, and other aspects of the case investigation could be delayed.
Regardless, you deserve to be compensated for your loss due to the negligence of the at-fault party. If you suffer a personal injury, follow the treatment recommended by your doctor. Use recommended precautions when receiving care. It is understandable that many people may not want to head to an Emergency Room or hospital during this public health crisis but if you are involved in an accident that results in injuries, do not delay getting medical care.
If you take the position that you will wait until this pandemic is over (or has lessened), it may very well be too late. You may have placed yourself in a position where your insurance company may no longer be obligated to pay for your care. Your claim against the at-fault party may be jeopardized and you might not get the compensation you would otherwise have been entitled to receive.
At the Law Firm of Brian S. Brijbag, we understand how difficult this time must be. Please take comfort in knowing that we will do whatever we can to make sure your case is not derailed by the pandemic. We offer virtual consultations and document signing. For in-office consultations, our staff follows proper CDC recommendations. If our family can help yours, give us a call at (352) 358-5880.
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Disclaimer
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For attorneys: This Blog/Web Site is informational in nature and is not a substitute for legal research or a consultation on specific matters pertaining to your clients. Due to the dynamic nature of legal doctrines, what might be accurate one day may be inaccurate the next. As such, the contents of this blog must not be relied upon as a basis for arguments to a court or for your advice to clients without, again, further research or a consultation with our professionals.