COVID-19 Increasing in Florida Personal Injury Lawsuits, Do You Have Case?
COVID-19 is on everyone’s mind and is raising a growing number of possible legal issues, from whether to adhere to existing custody agreements during shelter-in-place mandates and how to make child support payments if you’ve been laid off, to who to hold legally responsible if you or a loved one contracts it.
What is a personal injury lawsuit?
If you or a loved one contracted COVID-19 as a result of another’s negligent or intentional conduct, personal injury law may provide a means for you to seek justice and restitution. Personal injury lawsuits are a civil action that allow individuals (or their family’s) who were injured due to someone else’s negligence, to recover any financial losses they suffered as a result of that injury. Likewise, an establishment or medical facility may be liable if you contracted the virus as a result of their negligence, such as failure to adhere to proper protocols and precautions or not taking reasonable measures to prevent the spread of the virus. Depending on the circumstances, individuals may also be able to recover a financial award for non-monetary losses as well.
There are an increasing number of personal injury lawsuits related to COVID-19 being filed in Florida. The majority of the lawsuits are related to deaths of frontline healthcare workers. If it can be demonstrated that these individuals contracted the virus due to the medical facility’s negligence, or lack of compliance with state and federal guidelines, then the facility can be held financially responsible.
Why should I bring a lawsuit?
Lawsuits are not the only avenue for relief available, however, they are the most comprehensive. If you can establish that you contracted COVID-19 at work, you may be able to file a worker’s compensation claim. However, worker’s compensation insurance limits what can be paid out, and often doesn’t cover the full cost of treatment. A personal injury lawsuit aims to make you financially whole, in some cases, even for non-financial losses.
What do I have to prove to win?
In order to prevail on a personal injury claim, you must establish 3 things:
- You were owed a duty of care
- This duty of care was not met
- As a result, you were damaged
Generally, the duty of care is met when it’s found that the facility acted in a manner that others would deem reasonable under the same circumstances. In making this determination, the court will consider whether the facility made reasonable efforts to adhere to all state and federal guidance and CDC recommended protocols.
What damages can I collect?
Damages include any losses that directly resulted from the negligence or breach of care, such as lost wages, medical expenses, property damage, cost of hiring help, non-monetary damages such as pain and suffering, emotional distress, and loss of consortium, and wrongful death claims.
Contact a Florida Personal Injury Attorney
If you or a loved one has been injured due to someone else’s negligence, it’s important to speak to an experienced Florida personal injury attorney. Contact the attorneys at Roman & Roman to assess your unique circumstances and determine if moving forward with a lawsuit is the best option for you. With over 100 years of shared experience, and locations in Clearwater, Hudson, and Tampa, you can trust that the lawyers at Roman & Roman know Florida law and are ready to advocate for you. Call 877-767-1032 to schedule your free consultation today.
Resources:
local10.com/news/local/2020/04/27/coronavirus-pandemic-comes-with-lawsuits/
law.com/2020/03/04/can-coronavirus-victims-sue-for-injuries/
https://www.romanromanlaw.com/what-are-the-common-hazards-leading-to-a-slip-and-fall-case/
