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COVID-19 Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury and Health Care Law for New Jersey on
Q: Can you sue a hospital in NJ for negligence, but the word COVID is attached?

It’s not because of contracting Covid but because they didn’t do enough to care for a high risk patient and then patient lost organs, health, career, etc.

Tim Akpinar
Tim Akpinar
answered on Feb 15, 2024

The best way to answer your question would be to reach out to attorneys to try to arrange a consultation. Most law firms that handle such cases offer free initial consults. In terms of your theory related to COVID, that's something that would involve further review. No one here could offer an... View More

3 Answers | Asked in Civil Rights, Employment Discrimination, Employment Law and Personal Injury for Texas on
Q: Like file a civil suit against my Ex-employer for freedom of speech violation, which I was fired. statue of limitation?

Subject: Seeking Legal Representation for Complex Employment and Health-Related Case

I hope this letter finds you well. I am currently facing a complex legal situation that involves various issues related to my employment and health. After thorough research, I believe your expertise in... View More

James L. Arrasmith
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answered on Dec 5, 2023

In Texas, the statute of limitations for filing a civil lawsuit for wrongful termination, which may include claims like violation of freedom of speech, depends on the specific nature of the claim. Generally, for wrongful termination claims, the statute of limitations is typically around two years,... View More

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1 Answer | Asked in Health Care Law and Personal Injury for California on
Q: I was in the hospital from covid I was in a coma for about 2 months while I was in a coma the hospital shaved my face le
James L. Arrasmith
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answered on Feb 20, 2023

I'm sorry to hear that you had that experience. It is common for hospitals to shave the faces of patients who are on ventilators, as it can make it easier to care for the patient and prevent infections. However, hospitals should also consider the patient's wishes and cultural and... View More

1 Answer | Asked in Personal Injury for New Jersey on
Q: Can a drug/alcohol rehab facility in nj have hand sanitizer with alcohol in every place and blame covid
Tim Akpinar
Tim Akpinar
answered on Jan 26, 2023

I'm not aware of any legislation that addresses the matter at this time. The issue has been recognized, and non-alcohol sanitizers have been implemented in some places. But it may be up to public health agencies or lawmakers to institute industry-wide measures. Good luck

1 Answer | Asked in Libel & Slander and Personal Injury for Alabama on
Q: Are attorneys hands tied as far as filing lawsuits for incidents that happened during the pandemic if it was negligence?

I was in a medically induced coma because of Covid 19 and I came out of the coma. I fell from the bed on the floor and my heart stopped and they brought me back several times & I sustained a hypoxic brain injury. & was reintubated. I have my official medical records and I signed a contract... View More

Tim Akpinar
Tim Akpinar
answered on Jan 14, 2023

An Alabama attorney could advise best, but your question remains open for two weeks. Don't lose further time awaiting a reply here. This isn't an attorney referral service, so there's no point awaiting a reply regarding possible representation. With a looming statute of limitations,... View More

1 Answer | Asked in Personal Injury and Wrongful Death for Louisiana on
Q: My mother went to a hospital Nov 13 2021. She had COVID-19. She died Dec 7 2021. I believe she starved to death.

I visited every day and not once ever saw a plate in her room. My sister in law was visiting one day, lunch was being delivered to my mom's room, the nurse stopped the delivery lady and stated "don't bring that in there. She don't eat." Radiology was supposed to do a... View More

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2022

A Louisiana attorney could advise best, but your question remains open for a week. I'm very sorry for the loss of your mother. One option is to reach out to attorneys to try to arrange a free initial consult, which is a standard courtesy with these types of cases. If a law firm felt that you... View More

1 Answer | Asked in Landlord - Tenant, Libel & Slander and Personal Injury for Arizona on
Q: can i find a lawyer for litigating a wrongful eviction pandemic on contingency

Greetings, I am seeking representation as a tenant in a wrongful eviction during the pandemic claim. In addition I have numerous claims concerning LTA as well as violations committed by the owner that arise from not visiting the property in decades. The landlord, primary tenant, never gave rent... View More

Tim Akpinar
Tim Akpinar
answered on Oct 11, 2022

An Arizona attorney could advise best, but your question remains open for a week. You are seeking an attorney - it's going to be difficult for law firms here to reach out to you. This is only a Q & A forum, not an attorney referral service. In addition to your own independent searches... View More

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... View More

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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... View 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... View 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... View More

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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... View 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... View 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... View 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,... View 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
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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... View 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
H. Scott Aalsberg
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.... View 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... View 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... View 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... View 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... View More

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