Home » Personal Injury » 3 Top Tips to Help Your file a Personal Injury Claim During the COVID-19 Pandemic: A Case Study

A personal injury or tort is defined as an “act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.”

The fundamental aim of the tort law is to ensure that the injured party is provided relief in the form of a financial settlement. The liability for the injury is transferred to the defendant, or the party responsible for the harm or injury. It is also worth noting that the blame or liability can also be moved across to the party who is better suited to bear the burden of the loss. And finally, the tort law also aims to deter others from committing similar harmful acts that translate into unnecessary injuries.

Filing a personal injury claim during COVID-19: A case study

Let’s assume for the purposes of this article that you and your family were on a cruise ship, travelling between mainland USA and Hawaii, celebrating your fiftieth wedding anniversary when COVID-19 hit the ship. It is not worth going into the challenges of disembarking from the ship and the lack of care while quarantined onboard.

After your family was eventually allowed to disembark, and you all arrived safely back home, you decided to pursue the option of filing a personal injury claim against the owners of the cruise ship for negligence and failure to provide an adequate level of care whilst on the ship. As a result, you and your family suffered emotional distress and could require future medical care.

Therefore, the question that begs is, how do you go about filing a personal injury lawsuit against the cruise ship’s owners?

Let’s consider the following points as a way to answer this question:

Speak with a personal injury expert

A Buffalo personal injury attorney is skilled, knowledgeable, and experienced in dealing with personal injury cases. Therefore, it is essential to organize an appointment with an attorney to discuss the validity of filing a claim against the cruise ship’s holding company.

It is important to note, however, that some US state and federal legislators are pushing to protect businesses from being liable for any personal injury caused by the COVID-19 virus. Thus, it is essential not to assume that you have a case without consulting with an attorney first.

Gather and preserve evidence

Should your case go to trial, the jury will decide on its veracity based on hard evidence. And, your attorney will only be able to negotiate with the defendant’s attorneys based on the strength of the facts and evidence that you present him with. Therefore, it is essential to preserve all evidence from the cruise itself so that it is useful in putting together a solid, winnable case.

Consult with a medical specialist

Because you are claiming emotional distress as a result of the cruise ship’s handling of the COVID-19 cases while you were on board, you need to see a medical specialist. The specialist will conduct a battery of tests to determine the extent of your emotional distress. Finally, the specialist will also present evidence in mitigation on the need for further medical treatment.

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