How the Personal Injury Law Industry is Affected by COVID-19


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Covid-19 Has affected the entire world in some ways. From tourism to the legal industry.

Not only does it affect health and safety and social distancing it has had a massive effect on the economy and how business is being conducted.

Personal Injury Lawyers are facing new challenges

Lawyers have had to work from home and at the same time still try to drive their client’s cases forwarded. There is a huge impact here unlike other remote workers because of privacy and compliance issues. This leads to work flow problems and deadlines being extended.

Hearings are being postponed and normal courtroom practices are unable to take place. Lawyers cannot always attend court or meetings with clients. Infirm or elderly clients may not be able to have face to face meetings because of the social distancing requirements.

Even if your local courtroom is operating you can find the situation changing suddenly as we have all discovered this year. Nothing is certain in these difficult times.

The whole legal profession is facing problems they have never had to deal with before but the personal injury lawyers who work on contingency fees are affected the most. With cases unable to reach trial or to reach mediation and settle they are receiving no fees. Contingency fee lawyers receive nothing until the case is settled and with cancellations and postponements this is taking longer. Of course if you are the plaintiff in a personal injury case it means you too are waiting ever longer for a settlement.

How does Covid-19 affect your insurance claim?

Conversely even though there are delays in the legal system now, insurance companies may push for earlier settlements.

The pandemic has resulted in financial hardship for many people and insurance companies know that plaintiffs in personal injury cases may accept much lower settlements than they would previously. Profits for insurance companies will be declining and negotiating with them is getting harder and harder as they push for early and lower settlements.

How have the claims filed changed?

Covid-19 and lockdowns have changed the types of claims being filed. There is a decrease in car accident claims being filed but there are increases in business, medical and employment personal injury claims. There is an increase in the claims filed against business and owners allegedly not providing sufficient safety requirements for their employees. The need for Tampa personal injury attorneys is just as important as before. Maybe more in this pandemic.

How will people’s personal finances during Covid-19 affect the market?

Tens of millions of Americans have filed for unemployment since the pandemic hit. This will lead to an increase in bankruptcies. People are becoming unemployed and failing to pay loans and mortgages.

Unemployment and financial difficulties will lead to more people not paying for insurance leading to uninsured drivers on the roads and accidents that are not covered and possibly have no assets to be able to cover your claim.

How does bankruptcy affect your claim? If you are filing against a company or individual who is declaring themselves bankrupt then you risk them failing to pay your settlement. Alternatively if you have a claim and it is yourself that is filing to be made bankrupt you must declare this in your personal injury claim/lawsuit. You risk being liable for bankruptcy fraud if you do not. It can also affect how much you are able to keep from your settlement depending on which state you are claiming in.

Staying and working from home

Personal injury law firms are all affected by the outbreak of Covid-19 but they are all still handling claims and continuing to fight for their clients. Many companies will be handling cases remotely where necessary. A lot of clients are frightened by the pandemic but there is no need to delay your claim as lawyers can deal with you and evaluate your claim electronically.

Indeed if you wait you risk devaluing your claim and in time sensitive cases maybe losing your right to claim completely.

Claimants are also staying at home instead of receiving crucial medical care after their accident. This is due to an increased fear of getting infected from Covid-19 and directly impacts claimants not receiving follow up checks on their injuries needed for claims. Without all the checks and doctors’ recommended treatments it is impossible for a personal injury lawyer to completely evaluate your case.

Can you claim for an employer putting you at risk of Covid-19?

While the personal injury law industry is seeing a slow down in cases such as car accidents it is seeing an increase in other areas. One area that could see an increase is squared directly at Covid-19.

Depending on which state you are in there are different interpretations of the law. While many employees could complain their employers did not provide enough safety measures against Covid it may be difficult to prove there was intentional wrong.

Things you would look for would be:

Failure to provide PPE including masks and gloves where necessary.

Not sanitising a building or facility after an employee or more have tested positive for Covid-19.

Not rearranging your work area to allow for social distancing away from customers or other workers

If you became sick at work and claimed the success of that claim would depend on various factors and which state you filed in. If cases are successful you may see a rise in this type of claim.

Summary

Coronavirus or Covid-19 has affected the law industry as a whole and personal injury dramatically in court cases not being heard, insurance claims being reduced and less types of certain claims.

Although there are less road accidents and we should always be happy about such things there are also increases in other types of claims. As the pandemic continues into the foreseeable future there will be more bankruptcies, more financial hardships and less insurance coverage.

If you have a claim you should file with a personal injury lawyer without delay as there will no doubt be further restrictions on social distancing, court delays and insurance companies trying to push plaintiffs into a lower settlement.

 

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