Can I File a Personal Injury Claim for COVID-19?

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The COVID-19 pandemic has significantly altered the way of life for most people throughout the country and here in California. What was once thought of as a virus that may not last long term has now become a part of our daily lives. That may be the case for a while to come. As of this writing, there have been 5.7 million people infected, and nearly 180,000 people killed due to COVID-19 across the US. 

California has been a hotspot for COVID-19, and many health care facilities have had trouble keeping up with the need for tests, hospital beds, respirators, and more. If you or a loved one have contracted COVID-19, it is important to speak with a medical professional for advice about what care you need. If you do need to go to the hospital, you should be able to depend on the medical professionals there to take care of you. However, what happens if the way you contracted COVID-19 was the result of negligence? What if the treatment you receive (or do not receive) worsens the illness? It may be possible to file a personal injury lawsuit with the help of a Long Beach injury lawyer

Determining Negligence in a COVID-19 Case

It needs to be stated that not everybody who contracts COVID-19 or gets worse while suffering from COVID-19 is a victim of negligence. However, negligence could be a factor and how you contracted COVID-19 or how your symptoms have worsened. 

For example, if you or a loved one were in a nursing home, a health care facility, a jail, or a prison and contracted the virus, it is possible that the staff of the facility did not follow proper infection control protocols to prevent the virus from spreading. 

In these cases, it may be difficult to prove that any one person caused you or a loved one to contract COVID-19. However, it may be possible to prove that overall negligence played a role in increasing your chances of contracting the virus. 

It is also possible that the medical facility you received treatment from was negligent in their duties, and the negligence caused your symptoms to worsen. For example, the health care providers at a facility may have failed to recognize the signs and symptoms of COVID-19. In doing so, they may not have ordered a test or begun treatment in a timely manner.

Failing to recognize and diagnose COVID-19 can lead to delayed treatment or even a person not receiving treatment at all. As we have learned over the last few months, rapid treatment of COVID-19 is often necessary to save a person’s life, particularly for those who have a higher risk of becoming seriously ill or dying due to the virus. 

Is an Attorney Necessary for These Cases? 

It is absolutely vital that you speak to an attorney for a free consultation of your situation if you suspect negligence in your COVID-19 case. Proving negligence against an individual, company, or organization can be incredibly difficult and is going to require medical records, witness statements, video surveillance, and more. An attorney from Harting Simkins & Ryan, LLP has the resources and legal knowledge necessary to conduct a complete investigation into your COVID-19 negligence case in order to help you recover the compensation you need.