The infamous coronavirus has claimed the lives of more than 280,000 people worldwide (as of May 2020). There have been more than 4 million confirmed cases of the virus around the world. In the United states, there have been more than 80,000 deaths among more than 1 million confirmed cases. In California, there have been more than 2,700 deaths associated with the virus and more than 66,600 confirmed cases – approximately half of these cases are from the County of Los Angeles.
Without a doubt, the pandemic has brought society to an abrupt stop. The rapid spread of the virus has been associated with widespread panic; however, it has also resulted in governments implementing a number of orders in attempts of reducing the spread of the novel coronavirus. Most of these orders required non-essential businesses to close; these orders also recommended that individuals stay home (except for essentials).
Unfortunately, many businesses and individuals disregarded the government orders. Many businesses remained open, putting their employees and customers at risk of infection. Likewise, many individuals going on with their life, gathering in groups and refusing to wear facial coverings, putting themselves and others at risk of infection.
There is no doubt that this has been a difficult time for all of us; however, many business and individuals have simply disregarded the different orders that have been implemented to slow the spread of the virus. The negligent disregard of such rules has resulted in many new cases of coronavirus.
The lack of concern for the safety of others shown by businesses and individuals alike could give affected individuals (those who have been infected due to the negligence of businesses or individuals) grounds to pursue legal action on the basis of negligence. If you are interested in learning more about the possibility of pursuing a personal injury claim, do not hesitate to seek legal assistance with the experts at our firm immediately.
At Normandie Law Firm, we are ready to hold businesses as well as individuals accountable for their negligent actions. If you or a member of your family contracted the novel coronavirus in association with the negligence of a business or an individual, you might have the right to sue as well as the right to recover monetary compensation. If you would like to explore your legal options and learn more about the possibility of pursuing a personal injury claim, do not hesitate to contact our law firm immediately. The personal injury attorneys at Normandie Law Firm are ready to evaluate your claim and provide you with the necessary guidance for a successful claim outcome.
About the Novel Coronavirus
SARS-CoV-2 (Severe Acute Respiratory Syndrome Coronavirus 2), which is simply referred to as the novel coronavirus, is a variant of the virus that resulted in a SARS outbreak in 2008. Because it is a new strain of the virus, however, there is no preventative vaccine.
The coronavirus is associated with a number of symptoms, some of which include the following:
- Chills
- Cough
- Difficulty breathing
- Fever
- Headache
- Loss of taste and smell
- Muscle pain
- Shortness of breath
- Sore throat
These symptoms are also typically associated with other common ailments, such as the common cold, the flu, and even seasonal allergies. Because of this, many people have disregarded their symptoms and potentially contributed to the spread of the virus.
Because of the nature of the coronavirus, those with preexisting conditions or compromised immune systems are at a higher risk of being critically affected if they contract the virus. The elderly, for example, are among the groups who are at highest risk. Other at-risk groups include smokers, people with heart conditions, people with HIV/AIDS, cancer patients, and people who are immunocompromised, in general.
Because COVID-19 is highly contagious, many people are avoiding hospitals altogether in fear of contracting the virus. As mentioned above, many people are disregarding their symptoms; they do not seek medical attention until it is too late.
A Brief Overview of the Orders Implemented to Reduce the Spread of the Virus
The state of California was among the first states to implement orders in attempts of reducing the spread of the virus. The state has made a number of recommendations, which can be found on the states Coronavirus Response site online.
According to this information, Californians should:
- Stay home
- Wear a cloth face covering (mask) whenever going outside
- Avoid people that live outside your household
- Practice social distancing (of at least 6 feet) whenever outside of your home
- Wash your hands thoroughly with soap and water (for at least 20 seconds)
- Cover any coughs or sneezes with a tissue (discard the tissue immediately)
- Clean and disinfect surfaces and objects which are frequently touched (kitchen counters, doorknobs, etc.)
On the contrary, Californians should not:
- Leave the house unless necessary for essential activities
- Touch your face with unwashed hands
- Shake hands
- Go to the doctor without calling ahead (and being asked to visit in-person)
What about businesses? Non-essential businesses were ordered to close. Essential businesses were ordered to implement social distancing (in lines, for example) and strict maximum capacity limits, for instance. Essential businesses are also required to ensure that their employees are provided with face coverings; likewise, they are required to post notices on their premises as well as enforce the use of face coverings by customers/clients entering the business.
Businesses Have A Duty
Did you or a member of our family contract coronavirus directly associated with the negligence of a business? A number of businesses did not adhere to the different orders implemented by the state government. Some non-essential businesses (which were ordered to close) ignored orders and remained opened. Some of the essential businesses that were allowed to remain opened failed to implement additional measures to protect their employees as well as their customers.
Consider some of the following examples in which businesses failed to implement important measures to protect their employees and their customers from exposure to the coronavirus:
- Nursing facilities that allowed workers access to the at-risk elderly without wearing facial coverings
- Hospitals that failed to separate patients infected with the virus from patients hospitalized for other reasons, resulting in additional infections that could have been prevented
- Hospitals refusing to see patients with certain symptoms (in fear of the virus)
- Grocery stores failing to ensure that employees handling food items are equipped with appropriate safety equipment (such as gloves and masks)
- Grocery stores failing to take precautionary measures when employees have been sick or exposed to a confirmed case of the novel coronavirus (i.e. forcing them to continue working)
- Restaurants remaining open for dine-in customers regardless of the pick-up and delivery only order
- Restaurants failing to enforce safe food handling both during food prep and food delivery
Under normal conditions (outside of a global pandemic), most businesses have a duty of care both towards their employees and their customers. Even during normal conditions, many businesses breach their duty of care – putting innocent people in risk of being harmed. If you or a member of your family contractive COVID-19 associated with the negligence of a business, it is important that you have a thorough understanding of negligence.
Understanding Negligence
Negligence is the basis of any personal injury claim. There are four elements of negligence. If all four elements of negligence are present, then affected parties could file a claim. The four elements of negligence are the following: duty of care; breach of duty; cause; harm.
What does this mean? Businesses owe their employees and customers a duty of care. They have the duty to ensure that their premises, products, and services are safe for their customers. When businesses breach their duty of care (intentionally or unintentionally), they are putting their innocent people at risk (whether they are employees, customers, or patients). Some examples of a breached duty of care include failing to enforce the use of face masks, allowing visitors in certain facilities (including hospitals and nursing homes), and not practicing social distancing, for instance. In most cases, a breached duty of care represents a significant risk of harm – including the risk of contracting the novel coronavirus. If any harm is directly associated with the breached duty of care, negligence could be proved, and the business could be held liable.
If you are interested in suing a business, it is important that all four elements of negligence are present in your claim. In most cases, the assistance of an experienced personal injury attorney is necessary to reach a successful claim outcome.
You Could Sue and Recover Compensation
The pandemic has affected many people financially. There are a number of tools and programs available for those who were laid off or put on reduced hours because of the virus. However, if you were infected with COVID-19 as a result of the negligent actions a business, you could be eligible to sue and recover significant compensation.
How much compensation could you be eligible to receive? What type of compensation could you be eligible to recover? The answer to any questions relating to the compensation that you could recover will always be based on the specific details surrounding your claim. Although every claim is different, you could be eligible to recover compensation for at least some of the following:
- Medical expenses – associated with all treatment for the virus
- Lost wages – associated with the time that you were unable to work because you were sick (including lost tips and lost commissions)
- Lost benefits
- Pain and suffering – for the mental and emotional distress associated with contracting the virus
- Punitive damages
- Wrongful death damages – which can include funeral/burial costs, loss of financial support, medical expenses, loss of consortium, etc. (Only available if the victim loses his or her life after contracting the virus)
If you would like to learn more about the type and amount of compensation that you could be eligible to recover if your claim reaches a successful outcome, do not hesitate to contact our firm at your earliest convenience. The personal injury experts at our law firm are ready to evaluate your claim and provide you with the guidance necessary to recover the highest amount of compensation available for your coronavirus personal injury claim. If you are ready to discuss your claim with our experts, do not hesitate to contact our firm today.
Important Evidence Related to Coronavirus Personal Injury Cases
To ensure that your claim reaches a successful outcome, you will need to have the appropriate evidence. One of the most important pieces of information will be your positive diagnosis of COVID-19; that is, you will need official medical records showing that you have or had the virus.
Other important evidence includes the following:
- Receipts or documents (that show that you visited the businesses at a specific date and time)
- Videos or photos showing the negligent practices (employees/customers not wearing face masks, not practicing social distancing, not wearing gloves, etc.)
- Witness testimonies or reports from individuals who were present when the breach of duty occurred or who were also affected by the breach of duty
Filing a Claim Within the Statute of Limitations
If you or a member of your family contracted the novel coronavirus because of the negligence actions of a business, you might have grounds to pursue a personal injury claim. However, it is important that you act with urgency. Even if you have the right to sue, failing to pursue your claim within the appropriate length of time could result in losing your right to sue altogether. This is because all claims, including personal injury claims, are subject to a statute of limitations.
A statute of limitations determines the specific length of time that claimants have to file their claims. If you fail to file your lawsuit on time, you will lose your right to sue – and your right to receive any compensation. What deadline applies to your claim? In California, personal injury claims are typically subject to a two-year statute of limitations. This means that claimants only have two years to file their claims. Under some circumstances, however, certain exceptions could apply – resulting in extended statutes of limitations.
To ensure that you have a thorough understanding of the specific length of time that applies to your claim, do not hesitate to seek legal assistance with the experts at our law firm at your earliest convenience. Our lawyers will help you understand the time that you have to sue as well as help you file your claim on time.
Contact Our Law Firm Today
Were you or a member of your family exposed to coronavirus associated with the negligence of a business? If so, you might have grounds to pursue a claim and potentially recover monetary compensation. To do so, you will need the expert representation of the experts at Normandie Law Firm. Normandie Law Firm is a personal injury law firm with many years of experience handling all sorts of claims. Our knowledgeable attorneys are ready to evaluate your claim and provide you with the guidance that you need to reach a successful claim outcome.
If you would like to speak with our exerts, do not hesitate to contact our firm immediately. We are dedicated to making our legal services accessible to you and your family. We offer free legal services, which include free consultations and free second opinions. During our free consultations and free second opinions, our lawyers will be available to answer all your questions and address all your concerns. Our lawyers will provide you with all the information that you might been to either begin or continue your coronavirus personal injury lawsuit.
Our free legal services are available as part of our Zero-Fee guarantee – which ensures that our clients will never be required to pay any upfront legal fees for any of our legal services. Our firm is also strictly based on contingency; this means that our clients will not be required to pay any legal fees until after reaching a successful claim outcome.
Are you in need of a lawyer? Even if you are unsure of whether you could sue for your specific situation, you should speak with one of our attorneys. Our experts are ready to help you better understand your right to file a personal injury claim for coronavirus.
Other Pages on Our Website Related to This Topic
Personal Injury Claims
California Employees and Workers Compensation during a Pandemic
