Private Damage Claims within the World of COVID-19

COVID-19 graphic

If you have been injured by bad business practices related to COVID-19, you should consult a local lawyer.

Many things in our lives have changed due to the global COVID-19 outbreak. While most people have responded well to the pandemic, many are already referring to this new lifestyle as the “new normal”.

As executives ponder reopening plans to lift coronavirus restrictions, business owners anticipate the legal risks of doing business in a global pandemic.

Identifying the precautions needed to avoid spreading the virus between employees, customers, and others, and preparing the potential for liability in case someone gets sick or dies from the virus as a result of their interaction with the company are some of the most important Precautions concerns of business owners these days.

Negligence in personal injury and COVID-19

Since negligence is the basis for the majority of personal injury claims, these cases usually do not arise from infection with an infectious virus.

To prove negligence, the plaintiff must prove that he would not have contracted the virus had the defendant acted appropriately. The problem is that it can be extremely difficult to unequivocally determine the source of the virus exposure. This also makes it difficult to identify an act of the accused that has shown a lack of due diligence.

However, there are some situations where a plaintiff can claim personal injury against a defendant for being infected with the novel coronavirus. Here are some of these situations:

Medical malpractice

Medical misconduct claims differ from regular assault claims in that they involve a higher standard of care. The plaintiff would have to explain in detail, with the help of an experienced attorney, why the health care provider may have acted negligently and broken the standard of care.

What makes malpractice claims difficult is incorporating a wide variety of procedural requirements. That’s why keeping the help of an expert increases your chances of winning your case significantly.

Although some states have already enacted laws protecting healthcare providers from liability for coronavirus cases, patients who have been exposed to COVID-19 due to negligence in a healthcare facility can still file a lawsuit against the provider.

Carelessness in the nursing home

Since the novel coronavirus hit us in late 2019, it was clear that nursing homes would become one of the hot spots for viral infections. Given that nursing homes mostly house the elderly, who often have health problems, they are proving to be a recipe for a viral pandemic disaster like the one we see.

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According to the latest data, more than 40% of COVID-19-related deaths were workers and residents of nursing homes.

Although most nursing homes are nonprofit, they still have a duty to care for the people they care for. They must have hygiene and exercise protocols that prevent the virus from spreading between patients and workers. Because of this, if a worker or patient catches the virus on the premises, nursing homes can be held liable for negligence.

Workplace exposure

Due to strict employee compensation laws, most people who are injured in their workplace by being infected with the coronavirus cannot make claims for damages.

Public safety and health care workers may be able to reclaim employee compensation benefits, depending on the laws in their area.

Speak to a local personal injury attorney

If you have been injured by bad business practices related to COVID-19, you should consult a local lawyer. Example: If you were injured in Denver, Colorado, you should speak to a Denver personal injury attorney.

Because laws vary from state to state, keeping a local expert who knows the laws and knows how to win offers the highest chance of success.


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