Coronavirus cases in the United States have soared to over 2 million with around 120,333 deaths so far. As the COVID-19 pandemic continues on and states around the country slowly reopen, there are many legal issues that may arise due to the public health and economic fallouts. While the Centers for Disease Control and Prevention (CDC) has released guidelines on how to limit the spread of the virus, personal injury law firms are standing up and distinguishing the list of liability issues in settings such as cruise ships, nursing homes, workplaces, government agencies and much more.
At Davana Law, our personal injury law firm has worked with countless clients and have won over 500 cases. We are proud to continue offering our expertise to ensure you or your family member receives the compensation they are owed for their personal injury caused by another party’s negligence. During this difficult time of COVID-19, we will stop at nothing until your case is settled fairly.
Here’s what you need to know about COVID-19 compensation:
Compensation for Coronavirus
When the pandemic first started, the CDC suggested that the virus spread throughout a cruise ship. If you were on a cruise ship when the outbreak began and you contracted the virus, you may be entitled to compensation.
A claim such as this suggests that certain cruise lines failed to implement proper safety precautions to prevent widespread exposure, which in turn placed hundreds at risk.
Get in touch with your personal injury attorney if this pertains to your particular situation, especially if you were on a cruise ship, were diagnosed with the virus and treated for it.
How can I prove my case?
In order to prove your case, the defendant that’s being held liable must have known they contracted the virus and neglected the CDC guidelines.
To prove causation, you need evidence that the defendant had obtained this knowledge prior to infecting the plaintiff.
While it isn’t easy proving their negligence on your own, our attorneys at Davana Law Firm will ensure your rights are protected and your case is proven.
California Supreme Court on Suing Someone for Negligence
While the California Supreme Court has suggested that you may sue someone for negligence if they transmitted coronavirus, in order for your case to be successful, the plaintiff must prove that the defendant was:
- Responsible in preventing transmission of COVID-19
California Civil Code Section 1714(a) specifically states that “Everyone is responsible, not only for the result of his or her willful acts but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself or herself.”
- Neglected this responsibility
In order to prove that a person is liable for infecting others with the virus, courts require hard evidence that the plaintiff received an injury in relation to:
- The defendant’s conduct and the injury that was sustained.
- Policies that were put into place to prevent individuals from contracting the virus.
- The morality of the defendant’s conduct and how imposing a duty to exercise care would impact the community must also be taken into consideration.
Choose Los Angeles’ Most Trusted Personal Injury Law Firm!
Our attorneys at our personal injury law firm have experience with COVID-19 related cases and can help guide you through your own case until it’s settled and you receive your fair compensation. We’ve seen the toll this virus has taken on many individuals and their families and can help you prove the other party participated in negligence. Allow our team to review your case and plan the best course of action.
We offer a free case evaluation and guarantee no fees until your case is won. Call our personal injury law firm at (818) 501-1055 for further assistance.