Can I File a Personal Injury Claim for Coronavirus?

New York City has suffered one of the most tragic outbreaks of the novel coronavirus, with more than 10,000 cases to date. As people continue to get tested, the number of cases (and fatal cases) rises. This pandemic is tragic for the world, and society may never be the same. If you live in New York City and have contracted COVID-19, it’s important to stay home until you need medical help.

Because New York City has so many cases, it’s possible that you may not receive the medical treatment you need to get better. If you suffer more severe injuries from the coronavirus because of negligence on behalf of a care facility or hospital, you may have grounds for a personal injury claim.

Discussing your situation with a New York personal injury lawyer from Greenstein & Milbauer, LLP is key if you hope to receive the settlement you deserve. Although it may be a chaotic time in society, you deserve justice for what you’ve been through.

Determining Fault for Your COVID-19 Illness

You’ll likely never know where you contracted the coronavirus, but it’s possible that negligence played a role in how you contracted it. It’s also possible that negligence played a role in your symptoms becoming worse. For example, if you were in a nursing home when you contracted COVID-19, the caregivers at your facility may not have practiced the proper sanitation procedures to keep you safe.

If you went to the hospital after experiencing flu-like symptoms, the hospital may have misdiagnosed you and made your illness worse. If you had the coronavirus but the hospital didn’t give you a respirator or proper medication and your lungs were damaged as a result, you could be able to claim negligence for your damages.

Gathering Evidence to Prove Your Case

Gathering evidence to prove negligence against a nursing home or hospital may be difficult during this chaotic time. If you can find witnesses to testify for you and gather your medical records, you’ll be on the right path to filing your claim.

The statute of limitations for personal injury claims in New York is three years. The statute of limitations for medical malpractice claims in New York is two-and-a-half years. Both time limits give you ample time to file your claim once the pandemic has subsided.

Recoverable Damages in Your Coronavirus Settlement

If you can prove that negligence was a factor in causing your coronavirus illness to worsen, then you can recover compensation for any damages you incurred. These damages may include your medical expenses and lost wages. Other damages may include pain and suffering, emotional distress, and loss of enjoyment of life.

Contact a New York Personal Injury Attorney

New York is currently on lockdown as we work to prevent the spread of this virus. During this time, Greenstein & Milbauer, LLP is available for virtual consultations. If you’d like to discuss your case with a New York personal injury lawyer from our team, fill out the contact form below or call 1-800-VICTIM2 (842-8462).

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