Can I Sue For Personal Injuries or Wrongful Death Caused by COVID-19?
While sheltering in place is helping prevent the spread of the virus, as of April 16, 2020, there have been nearly 15,000 confirmed cases throughout Texas, and 320 deaths resulting from the infection.
The questions become, “What happens if someone gave me the Coronavirus? Can I sue? Do I have a valid lawsuit?”
As our communities remain vigilant in staying healthy during this unprecedented health crisis, our Coronavirus attorneys in Texas are working tirelessly to prepare for the causes of actions for wrongful death or negligence in exposing individuals to the virus.
At the Nava Law Group, our personal injury lawyers in Houston can provide answers to your COVID-19 legal questions and together we can hold the proper person or entity liable for your exposure, infection injuries, or the wrongful death of your loved one.
Can I Sue a Person or Business For Exposing Me To The Coronavirus?
A person or entity may be held liable for spreading a contagious illness when they fail to meet the applicable standard of care required during these circumstances by breaching their legal duty.
Both individuals and businesses must conduct themselves according to appropriate safety standards set by our health and safety administration, government authorities, and society.
Personal injury claims are not criminal cases. That means the person or entity liable for the spread of COVID-19 to another out of negligence or malice can be held financially responsible for the damages they have caused.
Negligence occurs when a person breaches their duty to act carefully, which is undeniably important when avoiding the spread of a virus that can jeopardize the health of everyone exposed to it — even over a matter of seconds.
To develop a strong case against the person or entity that acted negligently in spreading this potentially deadly virus, our Houston personal injury lawyers must be able to prove the necessary elements of negligence.
Those elements include:
- The person or company had a duty of care in preventing the spread of the virus
- The person or company breached that duty of care
- The breach of care caused personal injuries, which include infecting another person
- That damages resulted from the breach, which can include medical care, ongoing expenses, or wrongful death
COVID-19 has placed our nation, and the world, in an unprecedented health crisis. These circumstances will require an experienced personal injury lawyer to pursue financial recovery for those who have suffered damages or the loss of a loved one to the virus due to its negligent spread.
At the Nava Law Group, our Houston Coronavirus lawyers are laying the groundwork for success in what will most certainly become a highly litigated area of law going forward.
How Can I Prove That Someone Infected Me or a Family Member With COVID-19?
Before our personal injury attorneys in Houston can hold a person or entity responsible for your COVID-19 infection, we must establish that the defendant is liable for negligence.
Proving that your Coronavirus infection was caused by wrongful conduct will require establishing the facts of your case — which can include being exposed by an individual who was not showing symptoms — or by someone who is openly coughing, sneezing, or spreading the virus by other negligent interaction.
Since COVID-19 is undetectable upon sight, it will make proving legal liability difficult.
At the Nava Law Group, our Houston personal injury lawyers will establish evidence that the defendant’s failure to be safe exposed you to the virus and caused the infection.
This can include:
- Individuals who know they are infected and contagious who are avoiding quarantine and negligently and knowingly exposing others to the virus
- Employers that require you to work in a position that forces you to encounter people who have the virus while failing to satisfy safety standards, which can include but is not limited to:
- Local, State, and Federal government offices
- Corporate companies
- Grocery stores
- Food services
- Drug stores and pharmacies
- Delivery services
- Restaurants providing carry-out and/or delivery
- Businesses that withheld information or misled consumers regarding their possible exposure to the virus, including:
- Cruise ships
- Healthcare, nursing homes, and other essential services that did not take reasonable measures to avoid the spread of the virus, including the failure to:
- Frequently disinfection surfaces, objects, and appliances
- Provide gloves, masks, and hand-sanitizers to the staff as well as patients or patrons
- Isolate staff and residents who are infected with COVID-19
- Comply with regulations set by the Centers for Disease Control and other federal agencies
What Type of Financial Recovery Can I Pursue After Being Infected by COVID-19 in Texas?
Like other Texas personal injury cases, the financial recovery we pursue will be based on the losses and harms that result from your unique COVID-19 illness.
As the virus affects everyone differently, damages can include temporary losses from time away from work and the temporary pain and suffering related to the infection — when you are can fully recover.
Unfortunately, there is a very large number of people who may suffer long-term injuries associated with the virus, and others may even die as a result of their infection.
Each COVID-19 infection caused by negligence must be evaluated on a case by case basis.
We ask those who believe they have been infected with COVID-19 by the negligence of another person or entity — and those who have tragically lost a loved one to these circumstances — to contact our offices and participate in a remote, safe, and free consultation today. We will answer your legal questions and record the facts of your case to develop a strategy that will allow us to pursue the financial recovery you deserve.