The novel corona virus has done quite a number in the United States. As it is, more than 3 million Americans have been infected. The physical and financial impact has also been devastating as more people file for bankruptcy. Catching the coronavirus means fighting the disease, hoping that you will win. As the fight goes on, many often wonder about what rights they have, and whether they could file a personal injury claim for contracting the deadly virus if it was something they were exposed to at work.
Can You File A Lawsuit On Contracting COVID-19?
Simply put, yes you can. Contracting this virus many constitute a personal injury claim where you may claim financial compensation. In personal injury law, it is thought that you will always have a claim when hurt or ill because of the negligent actions of the other party. When it comes to COVID-19, however, we have a unique challenge of proving how you got the virus and that the other person or the company is to blame. If you are able to prove these two elements, however, you may be able to win a personal injury claim against a person or company.
What You Need To Prove to the Court In a COVID-19 Injury Case
In every civil case, there must be an element of negligence for the lawsuit to move forward. In this case, these are:
- Duty: the company or individual whom you contracted COVID-19 from had the responsibility to keep you safe.
- Breach of Duty: if the party responsible failed to take appropriate actions to hinder the spread of the virus, you could prove this part of the case.
- Causation: you then have to show that because of this party’s failure to take the necessary measures to keep you safe, you contracted the novel coronavirus.
- Damages: you then have to show how the disease has impacted you. This can take the form of medical treatment costs, pain, and suffering.
By proving these elements of negligence, you can successfully bring suit to the responsible party and win. With COVID-19 and any other infectious disease, there is an element of difficulty in these cases. Since the virus is microscopic, you can’t physically see it being spread. This means tracing the transmission can be difficult.
To properly know whether your case is adequate to get the compensation you are looking for, it needs to be addressed individually. This is to examine the individual strength of the case, our lawyers will look at the facts and give you proper feedback as to whether you can win a case or not. Call us today to find out more or to set up your consultation.