Will COVID-19 Affect My Personal Injury Claim?

The COVID-19 pandemic has dramatically affected the way of life for most people in the United States. From dealing with an unprecedented global health crisis to navigating stay at home orders and dramatic effects on the economy, residents of Kentucky have adjusted to a new normal. Personal injury claims have also been affected by COVID-19. With all non-emergency court proceedings in the state postponed, we need to discuss how personal injury cases will be affected moving forward.

How will COVID-19 affect ongoing personal injury trials?

Most people may not be aware the Kentucky state courts closed in March and have been under orders to remain closed through the end of May, 2020. The only matters exempt from court closures include domestic violence hearings, bond hearings, and arraignments.

This order was issued by state Chief Justice John Minton Jr.

As you might expect, this will have significant ramifications on personal injury cases that were scheduled to go to trial. Unfortunately, this will result in cases not being resolved as efficiently as they would be under otherwise normal circumstances. Even when courts reopen, it may take some time to reschedule personal injury trials. We do not yet know how a reopening of the courts will look and to what extent social distancing measures will affect impending cases. All this means that personal injury victims may face delays when working to resolve their cases.

Will this also affect out-of-court cases?

The vast majority of personal injury claims are settled out-of-court. In these cases, the personal injury claim is typically resolved more expediently than those they go to trial. However, even personal injury cases that are settled out-of-court require investigation and negotiation. An injury attorney’s ability to conduct a thorough investigation into their client’s claim may be hampered due to closures and social distancing orders. It may also not be possible to take depositions in cases for some time. All of this could also lead to a delay in non-trial personal injury claims.

Will insurance companies settle during COVID-19?

During this ongoing pandemic, you may see that insurance carriers put up more resistance to settling cases at fair amounts. This crisis has resulted in insurance carriers expecting their profits to decrease as a result of the struggling economy. Unfortunately, this can negatively impact injury victims. The insurance carriers will likely be more motivated to pay a minimum amount for any claim that comes their way.

What about seeking medical treatment during this pandemic?

In order to maximize the compensation that a personal injury victim is awarded, the victim needs to receive proper medical treatment as recommended by their healthcare providers. However, due to COVID-19, many people may not feel comfortable visiting a hospital or their doctor for treatment. These concerns are reasonable, but it is still important to continue your medical care in order to receive the full value of your claim. To the fullest extent possible, personal injury victims should try to maintain their medical appointments while maintaining proper social distancing practices and following state and federal health recommendations.

Will a personal injury attorney be helpful?

With any personal injury claim, it will be helpful to have a Louisville personal injury attorney by your side fighting to ensure you receive full compensation for your case. You can be sure that your personal injury lawyer in Kentucky will be fully aware of all court closures and be ready to handle every aspect of your injury case throughout the ongoing COVID-19 pandemic.