How Could Coronavirus Affect Your Personal Injury Case?

woman wearing facemask

News around the Coronavirus currently dominates the headlines and much of people’s thinking. Businesses, hospitals, and even the court system have taken precautions to prevent the spread of COVID-19, which is resulting in lost revenue or delayed business. 

Despite the pandemic, some people need their personal injury cases to advance during this global pandemic.

The Coronavirus may affect your personal injury case in many ways, depending on your injury and where you live. Please don’t feel discouraged, and continue to pursue it, but prepare yourself for what delays may come. 

Will The Coronavirus Impact My Personal Injury Case?


The Coronavirus may impact your personal injury case in a few key ways. First, court officials in many cities and states are still working remotely or have delayed hearings causing a long lag time when your case appears in the calendar. Many personal injury cases settle, but if you have any initial hearings, even these face delays. 

Another critical element in personal injury cases is the victim’s status obtaining “maximum medical improvement” (MMI). After the accident, MMI means the victim has received all possible medical care and therapy to improve and now has plateaued. However, because Coronavirus patients have flooded emergency rooms, many non-emergent doctor visits have been postponed. Some physical therapists are doing their work through Zoom, which compromises any hands-on therapy they can provide. If you can’t receive the proper care or physical therapy needed to reach MMI, demonstrating your actual losses from the accident will be challenging. 

Finally, the defendants and your financial health may influence your motivation to settle. If your job laid you off, your motivation to settle might increase. You should also consider if the defendant’s finances are in turmoil because of the pandemic. If the defendant goes out of business, you may receive nothing for your injury. For example, let’s say your local restaurant had a hole outside their front door, and they failed to mark it off. Then, you broke your ankle. Most states forbid restaurants from operating at maximum capacity due to COVID-19. Not working at 100 percent capacity hurts a restaurant’s bottom line and compromises its ability to stay in business, which can be bad news for your settlement.   

What Should I Do if I’m Filing a Personal Injury Claim During the Coronavirus?

If you have a personal injury claim, reach out to the team at Hyland, Padilla, & Fowler to help you navigate these unprecedented times. Our legal team has more than 41 years of experience working on personal injury cases and can advise you on the potential challenges COVID-19 may cause your case. 

Due to the ongoing pandemic, our physical offices are closed, but we are now providing encrypted teleconferencing to meet with one of our attorneys and discuss your case. 

Our legal team has won more than $29 million for our clients since 2012 and will work to win you recoveries to help you through your injury.

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