COVID-19 Personal Injury Q&A by State

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COVID-19 Personal Injury Questions & Answers
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 »

3 Answers | Asked in Personal Injury for California on
Q: What is the time limit to serve a PI lawsuit in state of California in this pandemic situation?

What's the time limit to serve a PI lawsuit to the defendant from the date it is filed considering the Covid pandemic?

Maurice Mandel II
Maurice Mandel II answered on Oct 1, 2020

"Serve" means to deliver the summons and complaint to a person in accord with the legal requirements, such as personal service by the Sheriff. "File" means to submit your complaint and a summons to the Court along with a filing fee or fee waiver application, so the case is... Read more »

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1 Answer | Asked in Personal Injury for Alaska on
Q: My statue of limitation is running out on my personal injury case. Is there a form I can fill out to extend the statue?

I was diagnosed with uterine cancer after using Johnson and johnson talc powder all my life.

Tim Akpinar
Tim Akpinar answered on Aug 28, 2020

Time is of the essence in your situation. Although an attorney in your jurisdiction could advise best, it would be advisable for you to take action without further delay instead of awaiting a response to your post here. DO NOT count on the statute of limitations being extended in significant... Read more »

1 Answer | Asked in Family Law, Personal Injury and Juvenile Law for North Carolina on
Q: Can i get emancipated from her?

Hello I have a mother who is borderline emotionally abusive, she tells me i make everyone miserable constantly, blames me for everything that goes wrong and more. I am 16, can I move out and live with a friend legally. Can i get emancipated from her?

Mr. Albert Loch Saslow
Mr. Albert Loch Saslow answered on Aug 28, 2020

Maybe, but these aren't easy actions to 'win' and it would be something you wouldn't be able to do yourself. To able to file, you have to be 16 (check) and have lived in the same county for 6 months (don't know). To successfully emancipate yourself, you are going to have... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Alabama on
Q: I have done my deposition about 4 months ago, and is there a time frame on the person I'm suing to do there deposition?

The person Im suing hasn't did there deposition and I wanted to know could they wait until next year to do theirs, or is it a time frame for them to do theirs. My deposition was held four months ago.

Jeffrey G. Blackwell
Jeffrey G. Blackwell answered on Aug 27, 2020

Good question. With the current Covid-19 issues, many things are delayed. Your delays could be the result of coronavirus issues. But, I'll answer the question as if times are normal.

I've seen many lawyers frustrated by issues scheduling the other party's deposition. One of...
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2 Answers | Asked in Criminal Law, Family Law, Personal Injury and Municipal Law for New Jersey on
Q: Can dcp&p remove children during covid-19 pandemic without a court order?
Richard Diamond
Richard Diamond answered on Aug 26, 2020

From a procedural standpoint, DCPP gets a call from an anonymous source, school, police department, etc expressing concern for the welfare of a child in your household and it then sends out a representative to investigate. The purpose of the investigation is to determine whether the child is at... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights and Juvenile Law for Tennessee on
Q: My wife took my 11 y/o daughter to get a retainer today. My wife was not allowed to accompany her to the exam room.

When she attempted to enter the room she was told Covid-19 policies prevented her from accompanying my daughter, this was after my wife had paid the fee. My wife was told that there would be only females in the exam room. My obvious question would be, is this legal? Of note, my daughter suffers... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Jul 28, 2020

This is a different world we live in for now. Medical Providers are trying to find a way to provide a relatively covid safe treating environment. I wish this had been explained better before you got there- so that maybe some of the anxiety issues could have been dealt with. My guess is your... Read more »

2 Answers | Asked in Personal Injury and Education Law on
Q: Can a university ask students to sign a waiver (COVID) if not signing puts their registration on the line? (coercion?)

Our university has asked students to sign a waiver in order to return to campus in the fall. Those who sign the waiver relinquish their rights to sue the university or claim compensation if they get sick and/or die of COVID-19. Failure to sign the waiver means a student will have their student... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

You raise good questions, but the validity of the waiver might be something requiring the ruling of a court. As a general premise, waivers against injury tend to be frowned upon by courts as a matter of public policy. Another issue is that even if a waiver was upheld, lawsuits based on COVID-19... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for California on
Q: I was in an auto accident in April 2019. My case is still ongoing, how long typically do cases like this last?

My accident was in April 2019. They found the other driver at fault she ran a red light. I was injured. They settled for an amount but the attorney never reached out and I always have to call or email. If they already settled for the amount and my medical they said picked up alot of the bills back... Read more »

Robert Steven Walch
Robert Steven Walch answered on May 21, 2020

Every case is different, so there is no set amount of time that every case takes from the time of settlement to disbursement of funds. If you have Medi-Cal, the attorney needs to find out how much Medi-Cal paid to your medical providers and needs to get a final letter from Medi-Cal saying what... Read more »

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1 Answer | Asked in Personal Injury and Health Care Law for Illinois on
Q: My McDonald's burger was wrapped and had a glove wrapped with it. Can I sue them for covid health hazard?

We ate more than half the food in the bag. When I pulled out another burger to eat I noticed that there was a full blown glove wrapped with the burger.

Tyler Young
Tyler Young answered on May 19, 2020

I understand how gross this must make you feel.

Can you sue? You can sue anyone for anything, but that doesn't mean you can win. I imagine you'll have a hard time finding a lawyer to bring a claim for this unless you can prove you were injured. Injury might be a long term...
Read more »

2 Answers | Asked in Personal Injury for Michigan on
Q: Can I be forced to take a coronavirus testing just to have a medical procedure done?

I don’t think I should be forced because I’m not sick I don’t have to be tested when I go to work and to me it’s a forcible action to be able to track you and follow your whereabouts in quarantine you you don’t think that’s a overreach of government

Brent T. Geers
Brent T. Geers answered on May 18, 2020

Likely yes. The medical professional could refuse services if you don't, unless it's an emergency situation. I'm not sure what benefit you'd receive by refusing. The procedure you receive could be compromised because the doctor doesn't have a complete picture of what is going on.

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4 Answers | Asked in Consumer Law, Personal Injury, Civil Rights and Constitutional Law for California on
Q: My sister urinated in store while paying for her groceries. Not allowed to use restroom.

Waited in line to enter store. Shopped. Needed to use restroom, but was denied access. Wrapped up her shopping because she needed to urinate. Begged employees to let her use facilities. Was advised to speak to a manager. No manager made themselves available. At check out, she begged cashier again... Read more »

William John Light
William John Light answered on May 11, 2020

Businesses are allowed to restrict bathroom access to employees, unless there is a local ordinance to the contrary.

There is no suggestion that your sister suffered from some medical condition that made here incontinent. However, even if that was the case, I doubt that she has a valid...
Read more »

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