The Coronavirus Effect on Personal Injury Cases
The “New Normal”
As the Coronavirus pandemic continues, many businesses and healthcare providers are temporarily closing or limiting operations. Restaurants have been ordered to stop serving dine-in patrons, gyms like Vasa have shut their doors, and Intermountain Health Care has restricted non-essential surgical procedures. Even some chiropractic offices have temporarily closed. With these restrictions, how are personal injury cases being affected?
Medical Treatment Will Be Limited
After an accident, injured individuals are expected to seek treatment to “mitigate” their damages — that is, to do everything possible to recover. But what if your chiropractor or physical therapist has shut down, or you’re reluctant to seek care due to COVID-19 concerns?
If your provider has closed, it may be possible to switch to another clinic that’s still open. However, closures are becoming more widespread. If you’re affected, notify your attorney or case manager immediately so they can document the gap in care. While attorneys can’t compel providers to stay open, continuing any prescribed home exercises could help sustain your recovery until treatment resumes. Ideally, your provider can give specific guidance for continuing care at home.
If you’re anxious about in-person visits, consider contacting the clinic to discuss safety protocols or consider wearing a mask. Again, let your attorney know if your concerns prevent you from seeking treatment.
It’s important to understand that ongoing treatment directly influences the value of a personal injury case. If you are unable to complete treatment, the case value may decrease — though pandemic-related disruptions may serve as a valid justification for care gaps. Ideally, your provider will note COVID-related restrictions in your medical records to support your claim.
Access to Justice Will Be Affected
The courts are also feeling the effects. The Supreme Court has issued an order postponing or canceling all non-essential hearings and trials. While courthouses remain open for emergency matters, personal injury trials are not considered essential and will be rescheduled. This means longer timelines for resolution of claims and delayed access to justice for injury victims.
Insurance Coverage Will Be Affected
As household incomes shrink and expenses rise, many people may reduce their auto insurance coverage — or drop it altogether. This puts everyone at risk. If an at-fault driver carries only the state minimum ($25,000 in Utah), you may find yourself undercompensated for serious injuries.
To protect yourself, make sure your own auto insurance policy includes sufficient “underinsured motorist” coverage. This allows you to pursue additional compensation from your own insurance company once the at-fault driver’s limits are exhausted.
Delay Can Devalue Your Case
Some may be tempted to delay seeking legal advice during this uncertain time. But delaying your claim can weaken your case, and the strength of a case is often established early on. Even if you’re hesitant to visit a law office in person, many firms — including ours — offer virtual consultations via Skype or other platforms.
Call today to begin your case evaluation and get the support you need during these challenging times.
Ron Kramer is an attorney representing injury victims across Utah.
