COVID-19 Personal Injury Q&A by State

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COVID-19 Personal Injury Questions & Answers
2 Answers | Asked in Personal Injury and Wrongful Death for Oregon on
Q: If I stayed at a persons rental a month after they had covid and then I got sick with covid is the owner liable
Gabriel A Watson
Gabriel A Watson answered on Oct 11, 2021

I agree with what others have answered to this question. It is very unlikely that you have a claim against the renter or that most ethical attorneys would be willing to pursue such a claim. This doesn't mean there is no chance whatsoever that your stay at the rental caused your COVID, but from... Read more »

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1 Answer | Asked in Personal Injury for West Virginia on
Q: can an individual patient with covid 19 have any course of action for compatation against ahospital for neglect ?

also a complaint was filed and the hospital was cited bye the State OFLAC Office .

Tim Akpinar
Tim Akpinar answered on Sep 21, 2021

A West Virginia attorney could advise best, but your question remains open for two weeks. A law firm would need to investigate further before making an assessment, if they were interested in such a case. You could reach out to local attorneys to discuss. However, with such matters in general,... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Alabama on
Q: Can the ER ask someone with a high fever to sit in a car with no air conditioning in a parking lot that is 100°f
Nelson Craig Johnson
Nelson Craig Johnson answered on Aug 9, 2021

Short answer is yes, should they is another question entirely. Many of the norms we typically associate with hospital protocols have been altered by COVID-19. If you suffered an injury as a result of that situation it may be worth contacting an attorney for a private consultation.

Medical...
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1 Answer | Asked in Personal Injury, Car Accidents and Small Claims for Florida on
Q: I finally got a court date for a small claims case. Would I be able to request to appear virtually? I'm the plaintiff.

I live in Atlanta. The case is in Orlando.

Charles M.  Baron
Charles M. Baron answered on Jul 26, 2021

You can certainly request it, but to find out whether the judge would consider it, call the judge's judicial assistant and ask him/her. You might be required to file a motion to make that request and to set your motion for a telephonic hearing. Or you might be told, "no, you filed suit... Read more »

1 Answer | Asked in Foreclosure and Personal Injury for Tennessee on
Q: Can I still sue after a year of an injury that's gonna last the rest of my life?

3 officers slammed me down in the yard of the home we Were evicted from. While 2 put there knees in my back one reached around them and grabbed me by the back of my neck, squzz and just held as tightly as he could as if trying to strangle me from behind now my neck aches a lot it pops n creeks and... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Looks to me like the statute of limitations in Tennessee is one year. If it is over a year you can't proceed. Contact attorneys who handle "police misconduct." You need exact dates.

3 Answers | Asked in Personal Injury for New York on
Q: Personal injury case has been in special trial part for a year and a half , it’s just adjourned for so long!

What is the STP part. Is that a settlement part it says special trial part , I thought this part was suppose to go to trial. Can someone explain. Thank you

Charles Edward Green
Charles Edward Green answered on May 19, 2021

STP is the last stop in the court process, and it is from there that cases are sent out for jury selection and trial. As I am sure you are aware, the Covid pandemic shut down the court system for months, and jury trials only very recently began again, and on a very limited basis. Unfortunately for... Read more »

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1 Answer | Asked in Personal Injury and Products Liability for Arizona on
Q: I had a pen torch blow up in my hand like a gun twice, same brand. Faulty design can't hold psi when filled.

The product is dangerous, if u would have had my ignition source in range it would have blew my face off, burned me and anyone close. First time it pelted my chest bruising it and second it grazed along the ends if my finger tips leaving a slick friction burn and almost shot my gf in her face. I... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 27, 2021

An Arizona attorney could answer best, but your question remains open for a week. As a general premise, an injury victim would not usually be able to base damages on injuries that "could have" been. The standard would be "actual" damages. Those types of damages generally need to... Read more »

1 Answer | Asked in Personal Injury for Minnesota on
Q: Is a college liable for putting my daughter, alone, in an off campus house with a gas leak and no sense of smell?

She was put in a house alone, with no supervision when tested positive for covid. She could not smell anything, but heard a sound emitting for the stove. She called security and they came and supposedly turned off the gas and told her she was safe now. I got there an hour later and was amazed at... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 25, 2021

A Minnesota attorney could advise best, but your post remains open for two weeks. I'm sorry for your daughter's and your family's ordeal. They could be liable - it depends on the level of responsibility they assume for off-campus housing (or the level of responsibility they disclaim... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights, Federal Crimes and Civil Litigation for California on
Q: Can I pursue federal court case against many neighbors engaged in harassment/threats of violence to family and I ?

Things started with neighbor whom moved out with harassment towards my family and I. A friend living across street from him then continued to do the same to us depriving us of peace in our own home. This is 24/7 and has been ongoing for over a year at least. Things have escalated, they’ve... Read more »

John Karas
John Karas answered on Apr 22, 2021

In order to file a lawsuit in Federal District Court, there has to be "diversity of citizenship" (meaning you live in 1 state while the defendants live in another). The amount of damages also has to be in excess of $75,000.

From what you've described, you have several...
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1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for California on
Q: Where can I find an attorney that will take a prisoners rights case that contains deliberate indifference?

The incident involves State prison and correctional health executives transferring over 100 prisoners from a Covid19 Hotspot to another facility that had no Covid19 cases. I was among those at the receiving facility who then became ill as a result of that transfer. The executives acted with... Read more »

Louis George Fazzi
Louis George Fazzi answered on Apr 10, 2021

You can find many good law firms in and around Oakland and San Francisco who are experts in civil rights cases of the kind you describe. It seems you already have developed a good bit of evidence to support your case. I suggest you prepare a chronology of the events, if you haven't already... Read more »

2 Answers | Asked in Personal Injury and Health Care Law for California on
Q: Hello. I have been waiting for a tonsillectomy for over 2 month now.

They have failed to provide me with information about what had to be done in order to fix a mistake with my insurance and were giving me misleading information. At the end of all, it appeared to be that someone made a mistake and my insurance was wrongly put in. I have been waiting for a long time,... Read more »

Dale S. Gribow
Dale S. Gribow answered on Mar 15, 2021

more facts needed.

during covid, everything is upside down.

if they did anything wrong it sounds like damages might be less than $10k.

thus you could consider small claims court.

however, I would write out a demand before doing anything and after seeing a lawyer.

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1 Answer | Asked in Personal Injury for Kansas on
Q: statue of limitations petition was filed 6 days before limitations and clerk filed with court after statue past
David Adams
David Adams answered on Feb 17, 2021

Not clear exactly what happened here. Most all filings are online now, so there is no delay in filing. If you physically dropped off paperwork with the clerk and they did not file timely, that could be a real problem. Currently because of Covid-19 most statutes of limitations are suspended, so... Read more »

1 Answer | Asked in Civil Litigation, Libel & Slander and Personal Injury for New Jersey on
Q: Can my employer be held accountable for possibly infecting me with covid for not quaranting after international travel?

He did Not quarantine, and said he got a 24hr test done at a place I know does not offer that service. Only 2-4 days due to it being a public testing facility. Also a few people also became ill immediately after his arrival.

H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Jan 24, 2021

You can sue anyone, but can you prove that you got covid from him and not someone else such as when you wen to the supermarket for food. This would be the defense your employer would probably assert. Not that you shouldn't try and you may also be entitled to workers compensation insurance.... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Illinois on
Q: Belleville, Il. 62221 of St. Clair County. Question: Will get paid comp from missing 4 days of work (Covid 19)

In regards to being paid by worker's comp.

Charles Candiano
Charles Candiano answered on Jan 24, 2021

If you contracted Covid-19 as a front-line worker, you enjoy a rebuttable presumption that it was work-related. Once that is proven, it is the same as any other Workers' Compensation claim. In Illinois, an injured worker is not compensated for the first three days that they must be off work... Read more »

1 Answer | Asked in Personal Injury and Traffic Tickets for Michigan on
Q: can i sue the PD for giving my child covid after making my child sit in the car with the officers after a traffic stop?

my son was pulled over for a tail light while on his way to the grocery store. While pulled over neither officer had a mask and made him take his off to identify himself. While they ran his name they made him get out of his vehicle handcuffed him and sit in the patrol car with them. After waiting... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 17, 2021

Your son should first make a complaint against the officers with the department's internal affairs. Legally, whether the officers' actions were appropriate will depend on what exactly was going on at the time, and what your son was or was not doing.

2 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can I get fired for contracting Covid -19? Does my employer have the right to refuse me hours since I became ill?

I work for a small business of less than 10 employees. I contracted covid over a month and a half ago. Initially my employer told me to take two weeks off, then told me to take the rest of December off and they would schedule me for more hours in January. Then Jan came and they told me they... Read more »

Neil Pedersen
Neil Pedersen answered on Jan 14, 2021

No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give... Read more »

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1 Answer | Asked in Personal Injury and Landlord - Tenant for Kentucky on
Q: Hi, I was renting an apartment about 2yrs ago and cleaning before moving in I fell down the stairs broke my back

I hired attorneys, I hadn't heard from them in a couple months so I called to see what was going on and I was then told they had tried to contact me an had to drop my case because they couldn't reach me for discovery. They had the correct phone number & address, they had came to my... Read more »

Robert Edward Blau
Robert Edward Blau answered on Dec 29, 2020

On what date and year did the accident happen? Generally, in Kentucky you only have one year from the date of your injury to file a lawsuit. Please let me know the answer to my question so I can further advise you.

Thanks

Robert Blau

1 Answer | Asked in Personal Injury and Social Security for Texas on
Q: I am 56 and lost my job of about 30 years because of a work injury that left me with a permanent weight restriction.

I am going to file for SSDI. Should I apply for unemployment so that I can have income while waiting to hear if I qualify for SSDI? I think I may qualify with a grid rule. I received Workman's Comp for 2 years.

Susan Michele Schaefer
Susan Michele Schaefer answered on Dec 24, 2020

Yes, you can apply and receive unemployment benefits while you apply for SSDI benefits. It is a practical approach. Be aware, however, that there is a contradiction in getting both benefits since unemployment requires you to be ABLE to work and actively look for work, and SSDI approval requires... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Oregon on
Q: Hey so I got into a car accident with no license or insurance and I got hit on the passenger side by a Amazon car

But the place we where at didn’t have a stop sign and I had my 4 month old in the car and my back hurts really bad

Virgil Royer
Virgil Royer answered on Dec 6, 2020

I am very sorry this happened to you. Especially this time of the year, with COVID-19 impacting much of our lives. I am going to assume that you were not at-fault in this accident. First the health of you and your child are the most important thing. Fortunately, a well-protected baby can do well in... Read more »

1 Answer | Asked in Personal Injury for Missouri on
Q: Hello, last night I drove my mother to the hospital due to an ankle injury. She broke her leg and ankle.

Hello, last night I drove my mother to the hospital due to an ankle injury. She broke her leg and ankle. The hospital put a cast on her leg. I was not able to go inside the hospital due to COVID. When she said she was coming out to leave she fell down inside the hospital breaking two ribs. Is the... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 16, 2020

A Missouri attorney could advise best, but your post remains open for two weeks. I'm sorry for your mother's ordeal. For the most meaningful answer to your question, it would be helpful to investigate the matter in greater detail, in terms of hospital policies, witness statements,... Read more »

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