Can I Sue for Contracting Coronavirus?
When a person is harmed because of the negligence of another, they may be able to sue for damages through a personal injury lawsuit. With the impending explosion of coronavirus cases, some may be wondering if they will be able to sue after contracting the coronavirus at a hospital, nursing home, or on a cruise ship.
If you or a loved one contracted the coronavirus and you believe it was because of the negligence of a business or organization, contact a personal injury lawyer to discuss your legal rights. The personal injury attorney will assess whether the organization took “all reasonable measures” to prevent exposure to the virus. If reasonable measures were not taken, the attorney may be able to help you recover damages.
Can I sue because I contracted coronavirus while I was being treated at a hospital?
The answer depends on a few things. The personal injury lawyer can take a look at hospital practices for separating coronavirus patients and staff treating coronavirus patients from other parts of the hospital and other hospital workers. They may look for other safety protocols such as cleaning and sanitizing equipment between patients and whether protocols were followed. In addition, the victim would need to have suffered real damages as a result of negligent care.
Can I sue because my loved one died from coronavirus in a nursing home?
It depends. the personal injury attorney would need to assess whether the nursing home owners and nursing home staff performed their jobs in a reasonable manner. Was equipment properly sanitized? Were staff and residents given masks to help prevent the spread of the virus? What kind of underlying health issues did your loved one have? What kinds of damages were suffered?
Can I sue for contracting coronavirus on a cruise ship?
It depends on a few factors. An attorney would look to see whether the cruise line took “all reasonable measures” to protect passengers from contracting the virus. They would also need to identify that the passengers suffered real damages as a result of the cruise line’s negligence and what underlying health issues the victim had. Note that cruise line tickets usually state that passengers waive the right to a class action lawsuit.
What are the 4 elements of a successful personal injury claim?
- Duty to exercise reasonable care – In order to be liable for an accident or injury, a person or organization must have a duty to exercise care such as a hospital to its patients. What defines reasonable care may depend on the situation.
- Failure to exercise reasonable care (negligence) – A personal injury attorney must prove that the defendant breached their duty to exercise reasonable care; that they acted negligently and/or recklessly.
- Causation – This means that there is a direct (or at least contributing) link between the negligent behavior and the harm caused to the injured victim. Note that in Washington State, the claimant’s own liability will be factored into the cause of the accident or injury.
- Actual damages suffered – There is no claim unless the victim suffered damages.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced accident attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of 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!
