Will the COVID-19 pandemic affect my personal injury claim?

The coronavirus crisis has devastated our economy in just weeks and closed many courts, prompting many of those injured in auto collisions to ask, "Will COVID-19 affect my personal injury claim?" Although the global pandemic has affected law firms like every other sector of our society, the outbreak will not fundamentally impact your personal injury claim. We are still open for business and accepting new clients, while still following social distancing rules.

WHY YOU SHOULD SEEK LEGAL COUNSEL DURING THE COVID-19 CRISIS. You should not delay your injury claim because of COVID-19. Although your claim may take longer to process than before the outbreak, the law's deadlines on when to file a lawsuit remain in place. You could lose your right to take legal action and recover compensation if you wait. During tough financial times, some people avoid hiring a lawyer. This can be a serious mistake. We expect the insurance companies to fight your claims harder than before the coronavirus outbreak. They are more likely to lowball your claims. At times like this, hiring a lawyer can be more important than ever. Unlike with other legal matters, we represent personal injury clients on a contingent fee basis, meaning we don’t ask for a retainer upfront. We only get paid if we settle your case or a win a jury verdict for you down the line.

We understand the fear as cases of COVID-19 continue to rise. Fortunately, many aspects of the personal injury process can continue online or on the phone and we will continue to work diligently to process your case and to get you the result you deserve.

KEY QUESTIONS ON WHETHER CORONAVIRUS WILL AFFECT YOUR CLAIM.

(1) Will the insurance company settle my claim during this crisis?

Yes. However, you should be aware that the insurance company will be looking at its bottom line. Some insurers try to lowball claimants who don’t fight for their rights. We believe the insurers may become even tougher to deal with. They may drag their offers down further and seek to settle auto collision claims as quickly as possible before you can obtain legal representation.

(2) Am I allowed to file an injury claim during a stay-at-home order?

Yes, the insurance companies are still open for business and should process your claim in their normal manner.

(3) Will coronavirus slow my settlement payment?

The settlement process could be delayed slightly because the insurance companies are operating with fewer people in their offices. They have many people working from home, and this creates some issues with delays. However, the insurance company should still work on your claim.

(4) Will my lawyer continue to work on my case?

We will continue to work on demands, issue letters, and research your case as before the outbreak.

WHY INSURANCE COMPANIES MAY BE HARDER TO DEAL WITH DURING THIS PANDEMIC. Insurance companies make their money off the stock market and other investments. When the economy is in freefall, these sources of money are hit hard. In times like these with the stock market down so dramatically and the economy reeling, they begin to take a very hard line on where they spend their cash. They no longer have the cushion of their investments and quickly being to lose money. This leaves few options for the insurers. They can raise insurance rates, or they can reduce what they pay toward their existing and future claims. This means the insurance companies batten down the hatches as they struggle to maintain profitability. We can expect insurance companies to become much more aggressive in their attempts to settle out at the lowest dollar possible and as quickly as they can. They want to make sure the injured party settles before having a conversation with a lawyer. It is in times like these when having effective counsel is so important. The insurance company is expecting you to settle quickly and at the low amount they determine.

The good news is that the insurance companies don’t dictate the terms. A lawyer can challenge a low insurance company offer. We can file a lawsuit and take your case to trial if necessary. You should not have to settle for less. Although the insurance company may be offering less, your medical bills won’t be any lower than they were before the coronavirus crisis.

THE EFFECT OF THE STATUTE OF LIMITATIONS ON YOUR INJURY CLAIM. Every State has a strict statute of limitations for personal injury claims. In Washington, someone who suffers an injury has three years to file a lawsuit for injuries suffered in an auto collision; in Idaho, that deadline is two years. If you miss the deadline, you lose the right to sue forever. When a lawsuit is filed and the litigation process starts, the court determines a trial date.

Three years seems like a long time but it goes quickly. Your lawyer often must make extensive inquiries to build a case. Don’t leave it until the 11th hour to contact a lawyer. Court closures due to COVID-19 will cause delays in a system that will likely be overburdened when the courts reopen. Contact a lawyer now to talk about your options.

These are unprecedented times. Although millions of Americans are staying at home, don’t let your injury claim suffer. We are open for business and we can talk about your case on the phone or video conference. We expect insurance companies to become more ruthless over the next few months. They are likely to employ more tricks to stop you claiming or to persuade you to accept a low offer. Give us a call at 253.858.5434 for advice.