The COVID-19 pandemic caused major disruption to our everyday lives. Many aspects of business and personal life were impacted by the pandemic. Personal injury cases were also disrupted. Navigating personal injury claims in a post-COVID world has become more challenging. From treatment delays and claims reduction to modifications in court procedures and liability concerns, personal injury claims have become more complex. Let’s analyze how the personal injury claims landscape has evolved post-pandemic. 

An Unprecedented Legal Landscape

While we have had other types of major disruptions, there is no legal precedent to the disruption caused by COVID-19. The entire world came to a standstill, reshaping how society and the legal system operate. The pandemic raised concerns about liability in cases of virus exposure in public spaces, offices, and healthcare facilities. Are the owners or managers of these facilities doing enough to prevent the spread of the virus? Are the victims entitled to compensation if they were exposed to the virus and suffered injuries? 

The pandemic had a ripple effect, where disruption or changes to a single legal process prompted changes throughout the entire legal environment. Claimants, insurers, attorneys, and courts had to adapt to these changes. 

Many states enacted legislative changes to address these issues. In some states, the governors issued executive orders to create liability protections. While each state may have similar goals, the protections were slightly different based on the statute’s writing. Some states only offered protection for healthcare providers, while others extended protection to businesses.  

Increased Focus on Medical Evidence

One of the major changes in personal injury claims in the post-COVID-19 era is that medical evidence in such claims has come under greater scrutiny. It’s not just the insurance companies that are looking more closely at medical evidence; courts have also begun to demand more detailed and comprehensive documentation to support claims.

The pandemic caused delays in treatment, creating gaps in medical documentation. This has made it harder for victims to establish timelines, demonstrate liability, and build strong claims. 

The courts are also interested in checking whether claimants sought timely medical care. Delays in treatment can often cause injuries or health conditions to get worse. This means that if an injury victim delays getting treatment, they could be held responsible for the worsening of their condition.

For example, if someone suffered a slip and fall accident, but chose not to get medical attention, and this resulted in the worsening of their injuries, then the victim may be partially at fault for the damages. This can reduce the compensation awarded or even lead to a denial of the claim. 

For effective and efficient navigation of personal injury claims in the post-COVID-19 era, claimants must keep detailed records of their medical treatment. Even if they have delays in their treatment or miss medical appointments, they must provide documentation to support their claims. 

Shift to Remote Court Proceedings

The pandemic required some court proceedings to be shifted to an online or remote environment and this trend has continued. Many courts have retained this practice to offer more flexibility to the system. It also helps provide more efficiency. The courts don’t have to wait for individuals to appear in person. Connecting remotely to the court via video conferencing is now a common practice.  

While the shift to remote court proceedings offers several benefits, it may also add a few challenges to the case. For example, cross-examining witnesses via video conference may not offer the same level of impact or immediacy. This may reduce the impact of witness and reduce their influence on the outcome of a personal injury case. There could also be challenges due to technical issues such as audio glitches or poor internet connectivity. 

Considerations in Workplace Injury Claims

Workplace injury claims have also been impacted. While common workplace injuries, such as slip and fall injuries still happen, the post-COVID-19 era has given way to new issues, such as ergonomic injuries from poorly set up home offices. 

Employees in the office have also become more conscious of the importance of safety measures and may now demand their employers to implement more comprehensive health and safety protocols. If the employers fail to fulfill their obligations to provide a safe environment, the workers who suffer a preventable injury or illness can file a claim or lawsuit against them. 

Impact on Insurance Settlements

A high percentage of personal injury claims are settled through insurance claims. The pandemic has had an impact on insurance settlements for personal injury cases. During the pandemic, insurance companies took a more conservative approach to evaluating insurance claims and that often led to offering lower settlements. The rise in insurance claims resulted in this approach during the pandemic; however, several insurance companies have maintained this approach in the post-pandemic era. 

Claimants often find it challenging to get higher settlement amounts when negotiating with insurance companies. Insurers are more likely to question the long-term impact of injuries. This is most common in cases where the treatment was delayed or interrupted. 

Importance of Legal Representation

If you need help for a personal injury claim, you should consider getting guidance and representation from a skilled personal injury attorney. With so many challenges in personal injury cases in the post-COVID-19 era, legal guidance and representation through the legal process have become crucial. With a skilled attorney to guide you through each step, you can navigate the complexities of remote proceedings, increased scrutiny of medical evidence, and other evolving legal procedures more effectively. 

Personal injury cases can also take a toll on your emotional health. With an attorney on your side, you can reduce your stress levels, and focus on your recovery. The attorney can manage all the legal aspects of the case, lifting the burden off your shoulders and allowing you to concentrate on healing. If you are uncertain about the value of hiring an attorney, you can always schedule a free consultation to learn more about how they can help you with your personal injury case.