Are Wrongful Death Lawsuits Increasing Because of COVID-19?
Wrongful death lawsuits are filed to hold a negligent party accountable and to recover damages for the wrongful death of a loved one. With more than 100,000 Americans now dead after contracting Coronavirus, some may be wondering if wrongful death lawsuits are increasing because of COVID-19?
Thousands of low-paid essential workers are being exposed to the virus every day and that means employers are vulnerable to lawsuits for failing to protect their workers. We already shared a post about the estate of a Walmart worker suing for wrongful death after he died of Coronavirus complications. For low-paid workers with meager health insurance coverage, a wrongful death lawsuit may be the only hope for the family to pay for the medical expenses incurred by their loved one for treating Coronavirus. The question is how many will bring lawsuits and will they be successful?
Will wrongful death lawsuits for COVID-19 be successful?
Like any wrongful death claim, the bar is set very high. Proving that a person or organization is liable for a death caused by Coronavirus will be a challenge.
The biggest issue is that it is difficult to prove the point of infection. How can a person prove that they became infected at their workplace? Wrongful death lawyers will not take on a case unless they can create a compelling argument that the person contracted the virus at their workplace. They will build on the evidence by showing that the business or organization failed to provide proper personal protective equipment, didn’t provide a sanitary working environment and put their employees in danger.
The second issue is that there are so many gig workers today. Are gig workers who die from coronavirus able to file a suit against the company they earn a living through? Gig workers are contract workers and not direct employees and there is some question as to whether gig workers could bring a successful wrongful death suit against a company such as Door Dash.
If your spouse or registered domestic partner has died from Coronavirus, seek the legal advice of a local wrongful death attorney who can look at the details of your case. Note that minor children may also be able to bring a suit through a representative of the estate.
Are wrongful death lawsuits increasing because of COVID-19?
It is likely too early to tell if wrongful death lawsuits are increasing because of COVID-19. For one, the virus is still spreading and will continue to cause illness and death and two, wrongful death lawsuits don’t have to be filed right away. In Washington State, for example, plaintiffs have three years from the date of death to bring a wrongful death suit.
Seek the help of a wrongful death attorney
If you lost a loved one due to a preventable medical error or the reckless/negligent behavior of another, you have enough to deal with. Let an experienced wrongful death attorney fight for justice on your behalf. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a wrongful death lawyer. Call the most experienced practicing wrongful death attorneys Bellingham has at Tario & Associates, P.S. today for a FREE consultation! We have been representing grieving family members in Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!