The COVID-19 pandemic has claimed the lives of more than 13,000 people in Florida as of September 22, 2020, and that number continues to grow. With more than 685,000 cases, Florida has the third-highest number of cases in the United States. Miami-Dade County is by far the most affected county in Florida with more than 167,000 cases and over 3,000 deaths so far. Though Florida is currently bringing its caseloads down, the COVID-19 crisis will have lasting impacts.
Common types of personal injury claims associated with COVID-19 include: nursing home negligence, cruise ship liability, and medical malpractice. These claim types can be tricky. For example, if a nursing home resident becomes seriously ill or dies from COVID-19, a personal injury or wrongful death case would have to establish that the nursing home had a duty to provide reasonable care, the nursing home breached that duty, and that breach of duty caused harm. The claimant needs to prove that the nursing home breached their duty by exposing a resident to an unreasonable risk, such as allowing untested or unmonitored/unprotected staff or others into the facility or otherwise exposed a vulnerable person.
Likewise, the Federal CARES Act limits liability for volunteer health care professionals who provide services during the public health emergency. A formal request asking for additional liability protection for health care professionals has been submitted to Florida Governor DeSantis.
Personal injuries from car, pedestrian, and bike accidents are on the rise due to the pandemic. Stay-at-home orders have changed behaviors. For example, when states initially began closing down, freeways emptied. With no more congestion and wide open spaces, the few drivers on the road tended to increase their driving speeds. While the number of car crashes went down, the ones that did occur tended to involve higher speeds and resulted in more devastating injuries. People have begun venturing out more since the original shutdown, but their driving skills may have suffered from lack of practice, which can also contribute to car accidents.
Meanwhile, schools, amusement parks, movie theaters, bowling alleys, and virtually everything else shut down. Walking, hiking, and bike riding grew in popularity as they were among the few activities allowed. With more pedestrians and bike riders on the roadway, coupled with high speed and out-of-practice drivers, we have unfortunately seen an increase in devastating pedestrian and bicycle injuries at our Orlando Florida personal injury law firm.
Catastrophic personal injuries from car crashes, pedestrian impacts, and bike crashes include:
Though victims of these incidents may not actually come down with a case of COVID-19, the pandemic has been a contributing factor.
Regardless of the type of personal injury, the response to the pandemic in the form of stay-at-home orders and shutdowns has affected the personal injury claims process and led to a backlog of court cases.
Due to ongoing COVID-19 restrictions and precautions, rather than meeting with a personal injury lawyer in person, you may meet in a Zoom or other video call, or be asked to comply with physical distancing and face mask recommendations. Though the experience may be virtual or physically distanced, our work on your behalf remains the same. From in-depth investigations and expert analysis to holding all parties accountable and taking cases to trial if necessary, Leighton Panoff Law works aggressively to ensure your personal injury claim is handled appropriately and expeditiously despite the challenges of COVID-19. We work on contingency, so there are no upfront out-of-pocket costs to worry about. Our experienced personal injury trial lawyers have obtained some of the largest verdicts and settlements in Florida. We never forget that personal injury is, and always remains, very personal to us and our clients. Learn more about how we can help you by contacting us now to schedule a free, no obligation consultation.
Yes, personal injury claims related to COVID-19 are possible, but they are legally complex. Common claims include nursing home negligence, cruise ship liability, and medical malpractice. To succeed, plaintiffs must prove that the responsible party breached a duty of care and that this breach led to the COVID-19 exposure or complications. For instance, if a nursing home allowed untested or unprotected individuals into the facility, and a resident became seriously ill or died as a result, this may establish grounds for a personal injury or wrongful death lawsuit.
COVID-19 has indirectly caused a rise in car, pedestrian, and bicycle accident claims. With fewer vehicles on the road during lockdowns, drivers often traveled at higher speeds, leading to more catastrophic injuries. Additionally, more people took to walking and biking as outdoor activities, increasing the number of pedestrian and cyclist accidents. These claims often involve traumatic injuries such as brain injuries, spinal damage, burns, or even death, with COVID-19 being a contextual factor influencing accident frequency and severity.
Injury victims are facing unique challenges during the pandemic, including delayed claims processing, reduced court availability, and financial hardship. Many insurance companies are operating remotely, which can lead to slower responses. Victims may feel pressured to accept lower settlements due to unemployment or financial strain. Additionally, at-fault parties might also be under financial duress, especially if uninsured or bankrupt, further complicating recovery of damages.
Yes, you can meet with a personal injury lawyer during the pandemic, although meetings may be conducted via Zoom or phone to ensure safety and comply with public health guidelines. Despite the virtual nature of these meetings, the level of legal service and advocacy remains unchanged. Law firms like Leighton Panoff Law continue to offer comprehensive legal support, including expert investigation, litigation, and negotiation, even under pandemic-related restrictions.
Some are. Under the Federal CARES Act, volunteer healthcare professionals are granted limited immunity for services provided during the public health emergency. In Florida, additional protections have been proposed for healthcare providers, which could limit liability in COVID-19-related cases. This makes medical malpractice and healthcare-related personal injury claims particularly challenging and necessitates experienced legal representation to navigate these evolving protections.
The pandemic has affected the way insurance companies handle personal injury claims. With remote operations and economic constraints, insurers may delay processing or offer reduced settlements. If the at-fault party is uninsured or underinsured, you may need to file a claim against your own insurance under uninsured motorist coverage. In such cases, your insurer becomes an adversary, potentially challenging or underpaying your claim to limit their losses.
Leighton Panoff Law brings decades of experience handling complex and catastrophic injury cases, including those complicated by COVID-19. With a record of achieving some of Florida’s largest settlements and verdicts, they provide skilled representation tailored to the challenges of pandemic-era claims. Operating on a contingency basis, they offer accessible, expert legal services with no upfront costs. The firm remains committed to fighting for victims’ rights and ensuring their cases are pursued thoroughly and compassionately, even under difficult circumstances.
A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite