How the COVID-19 Pandemic Could Impact Personal Injury Lawsuits

Wrestling with the uncertainty of the COVID-19 pandemic has had major impacts on most Americans’ daily lives, regardless of whether or not they are able to remain financially stable through this time, possibly by working remotely. While simply living a relatively normal life during this time can be difficult, the stress and uncertainty can be even worse for someone who has suffered a personal injury that someone else caused, and is unsure of what they can expect in terms of their legal options for recovering compensation. 

The team at Abercrombie, P.A. understands this stress, and we are working as aggressively as possible to provide our clients with clarity, open communication, and innovative solutions for handling all aspects of their personal injury case, whether it has been ongoing since before the pandemic began, or if it will be initiated during this time. 

Read more below about a few of the possible ways that a personal injury case could be impacted by this global pandemic. Contact us as soon as possible for a free initial consultation so that we can discuss the specifics of your situation directly, and provide you with the peace of mind that you deserve during this difficult time. 

Impacts To the Legal System

The US legal system has been brought to a near-standstill as mandatory closures have forced courthouses across the country to significantly restrict the cases that they are hearing and the processes that they are handling until further notice. As such, tort law cases have taken a back seat to other issues, and will likely remain so until additional guidelines are introduced and there is more clarity about the long-term functions of the judicial system. 

However, this does not mean that we will not be able to provide you with support during this time. Much of a personal injury case takes place outside of the courts, meaning that we will be able to leverage technology and a variety of “workarounds” in order to continue on with our work to give you the legal representation that you deserve.

Personal Injury Claims During COVID-19 

During this time, insurance companies will be able to accept your claim, and we will be able to handle negotiations much as we have in the past. Much of these processes will be handled through email and phone, and any face-to-face communications that we would normally have may be handled through video conferencing platforms like Zoom, Google Hangouts, or any number of other secure meeting platforms. 

Medical Malpractice Claims During COVID-19

Medical malpractice claims may become more complicated during this time, especially because of the immense strain that the American medical industry is under right now. As a result of this strain, there is a possibility that medical malpractice claims may increase as medical professionals are assigned to cases beyond their professional specialties, which, when combined with overworked medical staff, is a combination for medical errors. 

If you are the recent victim of medical malpractice, whether or not the injuries stem from Coronavirus or not, contact us now so that we can work directly with you in order to develop a strategy that can set us up for a strong case moving forward.

Additional Risks of Receiving Non-Emergency Medical Care

In addition to the obvious, widespread strain on the medical industry during this time, there is an additional concern of being exposed to the virus at a medical facility while receiving medical care. This can be a significant complication after a personal injury when we need to have your injuries documented, and will need to make decisions about the appropriate course of action on a case-by-case basis in order to ensure that your safety is prioritized while we build a strong case for you.

Settlement Negotiations

At Abercrombie P.A., as with many personal injury firms in Florida and beyond, we will try to identify any possible path towards settling a case before opting for a trial. At the same time, the current situation may provide insurance companies with additional leverage as they try to force claimants into an unfavorable settlement agreement, which we will not allow to happen. We know that the courts will open, and given these unprecedented closures and unique circumstances, we will be able to plan our negotiations accordingly. 

Statutes of Limitations

Many states have taken actions addressing the impacts that COVID-19 will have on statutes of limitations since it is an alarming situation for people who are nearing the expiration of a claim and are unable to take specific action because of court closures. New Jersey’s Supreme Court has issued an order regarding the statutes, allowing for them to be extended as if the closures were legal holidays. However, Florida has not issued any statement or order regarding the statute of limitations at the date of publication. We will keep our clients informed about any changes or updates to these orders as they are released.

Car Accidents with Lapsed Insurance

In Florida, approximately 1 in every 4 drivers is operating a vehicle without insurance, an alarming statistic that can lead to serious complications following a car accident. Due to the current economic situation, these numbers could increase as more people are unable to keep up with their insurance payments after losing their income. Luckily, the team at Abercrombie, P.A., has a history of successful cases where we have represented clients injured in an accident with an uninsured driver. We will work with you to identify all possible methods of recovering the money that you deserve.

Contact Us Today

Given the seemingly endless updates to policies and restriction measures in Florida as well as the United States and the world, we will be able to best determine how to move forward with your particular situation during a free initial consultation. Information is changing rapidly about how legal processes are being handled during this time, and we want to be able to provide you with the most comprehensive and current information possible, with specific attention to your own unique case in the context of COVID-19.

Contact us now in order to schedule a free initial consultation so that we can answer any questions that you have as we determine how we can best work together to provide you with the legal support that you deserve.