The Impact of Coronavirus on your personal injury case
By sean Watkins
As of this date, August 4th, 2020, there is no question in anyone’s mind that Covid-19 has drastically impacted our day to day lives.
From the proliferation of the video conferencing app Zoom, to the ever growing political debate surrounding the use of face masks in public. If you have found yourself injured due to the negligence of another party during this time, you may be wondering, “Will Covid-19 affect my personal injury case in any way?” and the short answer is yes – Covid-19 has affected nearly every facet of a personal injury claim, from the intake process, to receiving medical treatment, all the way to the eventual trial and verdict of you case. In this article, we’ll take a quick look at how personal injury lawyers are adapting to the change in the practice of personal injury due to the Covid-19 pandemic.
Intake Process
Contacting and signing up with a law firm after you’ve suffered an injury can be a daunting task for victims even without the complication of a global pandemic. Potential clients likely have a variety of questions swirling around their heads, such as which of the multitude of law firms would best handle their claim, what does entering into an attorney-client relationship really mean, and how they can be sure they can trust the attorney once their case is taken.
In some sense, Covid-19 has made the intake process for both potential clients and
attorneys easier, since video conferencing has replaced many in-person
meetings. This allows clients to meet with an attorney without face-to-face
pressure, and review the information that the attorney has relayed to the
potential client.
Electronic signatures have also become the norm for signing intake documents, such as the contingency fee agreement and authorizations, giving potential clients
additional time to review these important documents and ask questions prior to
signing anything. Although adapting to these new norms has not been an easy
task, it’s become apparent that finding and retaining an attorney during this
pandemic has not presented much of a hardship.
Medical Treatment
With hospitals overwhelmed with Covid-19 patients, many victims of an injury may
find it difficult to get the requisite medical treatment they require to
improve their condition. Clients are rightfully concerned about seeking medical
treatment, particularly while maintaining social distancing and stemming the
spread of contamination.
A competent attorney will help their clients navigate the proverbial minefield of
medical treatment during this pandemic, by referring clients to medical
providers that recognize the value in adhering to state required medical
mandates. Telemedicine has allowed many health-care providers to continue
treating their patients while observing social distancing.
Telemedicine involves the use of software and video conferencing to provide medical and clinical services to patients – without the risk of an in-person visit. It’s important that your personal injury attorney understands the new standards of medical treatment, particularly when the injured client may be hesitant to seek care from medical providers.
Will the pandemic affect my settlement?
Insurance companies know that there is a higher chance of personal injury plaintiffs attorneys accepting less than desirable settlements as a result of the pandemic. Many injury victims are already struggling financially, and a less than ideal settlement an insurance company offers may be a tempting reprieve from the financial hardships they face. A good personal injury attorney will provide you with a realistic view of the offer that the insurance company has tendered, and let you know if it represents a fair value of the claim, or if it falls below what would be considered fair compensation.
Will the Pandemic affect my case in litigation?
Courthouses throughout the state of Colorado have largely closed their doors as a result of the pandemic. In some cases, courts are operating with only the bare minimum of essential workers. Across nearly all jurisdictions in Colorado, legal proceedings have either slowed to a crawl or ground to a halt entirely. It’s extremely likely that if you had or have an upcoming jury trial scheduled, the trial date will be postponed for a future date.
This has put an unprecedented and harmful delay on personal injury cases, which are often time sensitive and rely on a structured trial date for resolution. Despite these hardships, your attorney should remain diligent and open on advancing your case, even if no proceeding or actions will move forward on your case for several months. It’s imperative that, during this delay, injury victims continue to receive the necessary medical care that they need to make a full recovery, and attorneys continue to build their clients’ legal cases.
Conclusion
The turmoil our country faces presents multi-faceted problems for the practice of personal injury. Now more than ever, its critical that attorneys anticipate future obstacles and stay on top of their game. Injury victims will require additional guidance to maintain their own physical and mental health while navigating the complications of treating their injuries with safe social distancing practices. This pandemic will eventually pass, but we don’t know when, and we don’t know the full extent of the impact it will have on our society.
Personal injury attorneys, has a duty to prepare themselves for these challenges, educate ourselves, and mitigate the potential negative effects to our clients as the pandemic reshapes the field of personal injury.