While the coronavirus surges through the U.S., many people will continue to suffer injuries in auto collisions. An injured victim still can bring a personal injury claim to pursue compensation for their injuries during the COVID-19 outbreak. However, you may want to be aware of certain issues that may affect your claim.
One of these issues involves the court system, which has been largely shut down until the crisis ends. A personal injury case thus may not be resolved as efficiently as it would be under normal conditions. Almost all personal injury cases settle before going to trial, but many cases proceed through at least one hearing in a court before the parties reach a settlement. Therefore, some injured people may face delays in getting their case resolved.
The financial stress caused by the COVID-19 outbreak may motivate many personal injury claimants to settle a case as soon as possible. A victim may urgently need the money from their settlement, especially if they have lost their job. In our recent experience, some insurance companies are exploiting this situation by offering an unfairly low settlement. A victim who has suffered serious injuries should think twice before accepting the first offer from an insurance company, as it likely will not cover the full scope of their losses.
If a lawsuit is started, a victim also may expect stiffer resistance than usual from an insurance company. Since the insurance industry expects profits to decline as the economy struggles, an insurance company will be motivated to minimize the value of a claim and protect their bottom line more aggressively than ever. This could mean that more personal injury cases go to trial, or proceed further through litigation.
In some cases, collecting an award from a defendant may be more challenging than usual. Many businesses are suffering from economic pressure during the outbreak, and a business that is not insured may not be able to pay. If the defendant files for bankruptcy, an injury victim will need to wait a long time to collect their settlement or judgment award, and they may never receive the full amount.
To maximize a compensation award in a personal injury case, a claimant needs to receive medical treatment as recommended by their health care providers. This is because medical documentation is critical to proving the extent of a claimant's injuries and expenses. During the COVID-19 outbreak, many people will feel reluctant to visit a doctor’s office for treatment, due to concerns about contracting the virus. These concerns are reasonable, but it is still true that getting treatment is important to the value of a claim. A victim should try to keep their medical appointments to the extent possible, while maintaining social distancing practices and following CDC recommendations.
Since health care facilities are currently saturated with COVID-19 patients, an injured person may need to wait longer than usual to receive treatment. This may mean that they should wait to file or settle their case. They will not know the full scope of their damages until they complete their treatment and reach maximum medical improvement.
Due to deepening economic hardship, some drivers may not keep up with paying their insurance premiums. This could result in the loss of coverage, which could complicate the situation of a victim after an auto collision. A victim who is struck by an uninsured or underinsured driver may not be able to recover compensation from the driver’s personal assets. Their only option may involve pursuing benefits through their own UIM policy with their insurer. In these cases, a victim should remember that their insurer is an adverse party and likely will not pay a claim without resistance. First-party claims may be just as contested as third-party claims, and the assistance of a lawyer will be just as critical.
If you, a friend, family member, neighbor, or co-worker have been injured in an auto collision and need legal advice, give us a call at 253.858.5434 for a free initial consultation today.