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August 7, 2020

Does COVID-19 Constitute a Personal Injury Claim?

August 7, 2020

New Orleans has been a hotspot for the COVID-19 virus. Hospitals in the area are having trouble keeping up with sick individuals in need of tests, respirators, and hospital beds. Unfortunately, there’s not much that can be done as the disease continues to ramp up.

If you’ve contracted the novel coronavirus in New Orleans, it’s important to stay in your home until you need professional medical care. Once you go to the hospital, you should be able to depend on medical professionals to take care of you. If you get treatment for your illness but negligence makes your illness worse, it’s possible to file a personal injury claim.

If you need guidance when filing your claim, discuss your case with a New Orleans personal injury lawyer from Smiley Law Firm, LLC. We can investigate your illness from start to finish and determine liability. We’re currently taking virtual consultations during this time of uncertainty.

Was Negligence a Factor in Your Illness or Treatment?

Negligence can be a factor in how you contracted the coronavirus or in how your symptoms worsened. For example, if you were in a nursing home, a jail, or in hospital care when you contracted the virus, it’s possible that the staff of the hospital in which you were staying didn’t follow the proper sanitation protocol to prevent you from contracting the virus.

Although you likely can’t prove that anyone is responsible for you getting the virus, you may be able to prove that negligence played a role in increasing your chances of getting the virus. It’s also possible that once you went to the hospital to receive treatment for your symptoms, you weren’t given the proper treatment you deserved. If a hospital staff member was negligent in caring for you, you may have a case.

Proving Negligence with Evidence

To prove negligence against a hospital staff member, a nursing home, a jail, or another organization for your COVID-19 illness, you’ll need evidence such as witness statements, your medical records, and video footage or documentation proving a lack of protocol. 

The pandemic is new territory for civil courts, so there’s no guarantee that your case will stand in court. But with strong evidence, you’ll have a chance for justice.

Damages You Can Recover in a Personal Injury Claim

If you can prove negligence, you can recover compensation for any damages you suffered from your illness. These damages may include medical expenses, lost wages from missing work, pain and suffering, emotional distress, and a loss of enjoyment of life. Your lawyer will work hard to maximize your claim so you can recover without financial stress on your shoulders.

Contact a New Orleans Personal Injury Attorney

The COVID-19 pandemic is causing many families to suffer. Although the courts are currently closed, the law still stands. If you believe someone else’s negligence caused your injury or made it worse, you deserve justice. You can schedule a virtual consultation with a New Orleans personal injury lawyer from Smiley Law Firm, LLC by filling out the contact form below or by calling 504-894-9653.

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