Understanding how the pandemic can affect your lawsuit can help determine the result of your case.
Do I Need To Go To A Doctor During The Pandemic For My Personal Injury Lawsuit?
You must receive medical treatment for your personal injury to maximize your case value. Victims need to show they’ve made their maximum medical improvement (MMI) before they can demonstrate any long term deficits or lost wages from the injury to receive a maximum case settlement.
But many people are hesitant to go to the doctor right now in fear of getting infected with the Coronavirus. Some doctors are also not taking new, non-critical patients because hospitals are overwhelmed with infected patients.
For certain personal injuries, victims need physical therapy to recover. But some physical therapy locations are closed or only doing virtual therapy via Zoom to help patients.
With delayed medical treatment and virtual physical therapy, it can take far longer for victims to reach their MMI, which can delay the case overall.
Should I Settle My Personal Injury Lawsuit Because Of The Pandemic?
With all the economic uncertainty, victims may feel pressured to settle.
As the victim, if you’re already out of work or faced any economic loss due to the pandemic, it can be tempting to settle to receive a quick infusion of cash.
Depending on who the case’s defendant is, their financial future may also be questionable. If the defendant is an individual who also lost their job due to the pandemic, you may be tempted to settle before they lose any additional money and can’t pay the settlement.
If it’s an insurance company, they’ll likely try to pressure the victim to settle quickly to minimize their losses during the pandemic.
While it can feel tempting to settle quickly, consult with your lawyer if waiting for a better offer makes sense.
Will My Personal Injury Case Be Delayed Due To The Coronavirus?
Many court hearings have gone virtual to keep cases moving through the docket, but others have delayed non-essential matters. Consult with your lawyer to find out what’s happening in the court system that is handling your case.
What happens with the courts is out of your hands, but victims should not delay filing their personal injury lawsuit. Many states have statutes of limitations of how long from the date of injury a person can file a personal injury lawsuit. If you delay filing, you might lose your chance at any recoveries.
What Should I Do If I Need To File a Personal Injury Lawsuit During The Pandemic?
If you have been injured before or during the pandemic, filing your suit quickly is critical. Reach out to the legal team at Hyland + Padilla to help you navigate your case during these unprecedented times.
Our expert team provides free consultations to help you start your case, advise you on what’s happening currently with the court system, and help you file your claim.