As we head into another month adjusting our lives around the coronavirus epidemic, the restrictions associated with the situation are beginning to have more and more impact. While it may not seem as though COVID-19 would have much of an impact on an ongoing personal injury case, there are actually several implications which people should be aware of.
One of the most compelling questions may be how this situation affects the timing of your negotiation and settlement. This is a question best answered by your personal injury attorney. In many cases, the negotiations may still be ongoing, and your case proceeding. Still, there are things to look out for.
Financial Offers & Settlements
Insurance companies are often looking for an opportunity to minimize the amount they have to pay a claimant. If a plaintiff has been out of work and is not receiving a paycheck at the moment, the insurance companies may view that as a vulnerability – and the perfect chance to offer less than is deserved. While we understand that you may need a financial boost right now, the chances of you getting shortchanged are high. We recommend you not accept an offer given during this time without speaking with your personal injury attorney to ensure that you are being offered an amount that is fair and represents your true injuries.
Even if you can afford to wait out the situation, the insurance company is still motivated to pay out as little as possible – after all ,they may be financially stretched now too.
Healthcare Implications
Because so many hospitals, clinics and doctor’s offices are only accepting critical cases right now, you may not be getting the follow-up medical treatment that you need from your accident. This may be affecting your long-term recovery prospects, but at the very least is hindering the ability to get the reports, updates and diagnoses that you need to fully understand your case. For instance, your doctor may have recommended a course of treatments before rendering a final long-term prognosis. Without the required visits to obtain a long-term recommendation – and before reaching maximum medical improvement – you are not yet in a position to make a final settlement with the insurance company. If you do, you may miss something important, such as the fact that you will need surgery in the future, or cannot return to work as quickly as you had hoped. Again, if you can afford to put off a settlement at this time, it is likely best.
There is another situation which could arise during the COVID-19 crisis many don’t think of. If your injury occurred at a place of business and you have been awarded an amount of money, you may never actually be able to collect. That entity may be struggling, closing its doors, or even claiming bankruptcy at this time. If this occurs, your claim may simply fall at the bottom of a long list of debtors that need to be paid off, and unfortunately you may never see your money.
Remember, right now everything is in a state of uncertainty and flux. From insurance companies to court rooms to personal injury attorney offices – nothing is business as normal. Speak with your attorney to understand your options, and do your best to wait out the crisis. Doing so represents your best opportunity for seeing a maximum settlement in your favor.
Have further questions regarding your case and the COVID-19 epidemic? Call Probinsky & Cole of Sarasota.
