[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.rizklaw.com\/blog\/could-coronavirus-pandemic-benefit-personal-injury-plaintiffs\/#BlogPosting","mainEntityOfPage":"https:\/\/www.rizklaw.com\/blog\/could-coronavirus-pandemic-benefit-personal-injury-plaintiffs\/","headline":"Could Coronavirus Pandemic Benefit Personal Injury Plaintiffs?","name":"Could Coronavirus Pandemic Benefit Personal Injury Plaintiffs?","description":"As some segments of society grind to a halt to adhere to local shutdown requirements, many of us are adjusting established routines in light of the COVID-19 outbreak. While familiar risks like car accidents remain, how those risks are approached has been changed by this new reality. Clients may be wondering \u201cCould my settlement be...","datePublished":"2021-11-09","dateModified":"2024-05-22","author":{"@type":"Person","@id":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/#Person","name":"Rizk Law","url":"https:\/\/www.rizklaw.com\/blog\/author\/rizklaw\/","identifier":9,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/10e23ce5e6c4dadb4589cd8edf2c3f59ac356a6e876c3656917777913d9c3bc1?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Rizk Law","logo":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2024\/03\/rizk-law-logo-footer.jpg","width":278,"height":65}},"image":{"@type":"ImageObject","@id":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2021\/11\/Could-Coronavirus-Pandemic-Benefit-Personal-Injury-Plaintiffs_.jpg","url":"https:\/\/www.rizklaw.com\/wp-content\/uploads\/2021\/11\/Could-Coronavirus-Pandemic-Benefit-Personal-Injury-Plaintiffs_.jpg","height":200,"width":300},"url":"https:\/\/www.rizklaw.com\/blog\/could-coronavirus-pandemic-benefit-personal-injury-plaintiffs\/","about":["Personal Injury"],"wordCount":1147,"articleBody":"As some segments of society grind to a halt to adhere to local shutdown requirements, many of us are adjusting established routines in light of the COVID-19 outbreak. While familiar risks like car accidents remain, how those risks are approached has been changed by this new reality. Clients may be wondering \u201cCould my settlement be larger during this pandemic?\u201d The answer will likely depend on how your damages were affected by the pandemic.What Does the Term \u201cDamages\u201d Mean?For practical purposes, damages are monetary compensation for the injuries a person suffers. Damages typically fall into two categories, economic and non-economic. Economic damages, like their name implies, cover economic losses that were caused by the injury. This will primarily be wages lost from missing work but can also include copays and other medical expenses.It\u2019s important to note that missing work isn\u2019t enough to earn economic damages. You need to get a note from your healthcare provider, who knows your occupation, that states that you can\u2019t work for a specific period of time. When that note expires, if you\u2019re still unable to work, it\u2019s your responsibility to obtain another. This makes sure that your lost wages will still be eligible for economic damages. If you\u2019re thinking about working through the pain or returning to work early to make ends meet, it\u2019s critical to tell that to your doctor. At very least there will be a record, in the charting, which backs up your story. That\u2019ll be very helpful if your case goes to trial, when the other side tries to argue that you weren\u2019t really that injured if you returned to work.On the flip side, there are non-economic, or as they\u2019re commonly known, \u201cpain and suffering\u201d damages. This category of damages is less tangible than their economic counterpart because it deals with people\u2019s individual emotions and pain. Because pain and suffering damages are based on such personal experiences, they typically require more proof than economic damages. It\u2019s common for people to experience anxiety, depression, or even post-traumatic stress disorder after a serious injury. While it\u2019s always important to go see a health care provider when you suffer an injury, it\u2019s even more important for this type of damages. Because this type of damages requires more proof, going to see your doctor isn\u2019t enough. Doctors alone aren\u2019t able to diagnose the kinds of conditions that are usually considered \u201cpain and suffering\u201d damages. However, they can refer you to a psychologist who can use a set of standardized tests to diagnose things like PTSD. A diagnosis from a psychologist helps bring pain and suffering damages \u201cout of the mist\u201d and makes them scientific. Corroboration from a psychologist helps courts objectively recognize the non-economic damage you suffered from your injury.The Effects of the Pandemic Can Cut Both WaysWith an increased strain on the healthcare systems and providers reducing appointments to protect their employees, people face reduced access to healthcare. Being unable to seek care immediately or as frequently as they would prior to the pandemic could have a substantial impact on their settlement. There\u2019s a very real possibility that this reduced access to a doctor\u2019s office could increase healthcare expenses. This could also potentially increase the severity of the injury or the pain and suffering related to it. When considering a person\u2019s heightened expenses and suffering, they may be entitled to a larger settlement.On the other hand, reduced access to healthcare can work against a person\u2019s injury claim. The inability to seek immediate medical care during the pandemic could actually reduce your damages. Less access to doctors means less access to a plaintiff\u2019s best resource; someone who can verify the legitimacy of your injury. Prioritizing coronavirus cases means providers are charting less and in less depth. It also means less tests, like MRIs or X-Rays, which can strengthen an injury claim and help prove your case. While you\u2019re certainly telling the truth, the defense attorney will try to weaken the credibility of your story. If your case goes to trial, during your deposition the defense will point to the lack of charting or testing which corroborates your story. In short, the new reality of a pandemic highlights the importance of documentation to preserve your case.How Do You Preserve Your Personal Injury Case?Preserving your case during this pandemic is going to require people to be their own advocates. Unfortunately, a person\u2019s word alone is not enough to win their case. In personal injury cases, the burden of proof is on the plaintiff to prove their version of events is the truth. One option is journaling, so you have a written record of what happened in real time. The best option to preserve your case is to document events, as they happen, with a healthcare provider.While it\u2019s true that getting a traditional doctor\u2019s appointment is harder during the pandemic, many healthcare providers are trying to provide alternative ways of seeing patients. With various providers offering virtual appointments via Zoom, or other forms of telemedicine, the hassle of actually going to the doctor\u2019s office has been reduced. The most important thing to do is to see a doctor, in whatever way available, to help document your injury and what you\u2019re experiencing.Another way that people need to be their own advocate is taking a more active role in communicating with your doctor about the injury. While virtual appointments do allow for us to see doctors during this pandemic, there\u2019s a reason that in-person appointments are preferred; small details, body language, and non-verbal communication are often lost when communicating virtually. Without some of these sources of information, the charting could be less thorough and less convincing if it was used at trial. It\u2019s on the patient to fill the gaps created by virtual medicine by telling the doctor how the injury has affected your life in ways that may not be obvious. Whether it\u2019s not being able to walk your dog or an inability to sleep, these little details are crucial for painting a bigger picture of how this injury has disrupted your life.Count on Rizk Law Lawyers to Pursue Your Personal Injury ClaimIt\u2019s never easy to pursue a personal injury claim considering so much of your livelihood is tied to its outcome. Our Rizk Law personal injury lawyers understand how challenging the recovery process can be when you\u2019re hurt due to another\u2019s carelessness or recklessness, and we strive to clearly represent the obstacles you have faced when representing your claim. Regardless of your cause of injury, you may find some answers by seeking a free consultation with the Rizk Law legal team. Call (503) 852-5761 or fill out our contact form today."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.rizklaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Could Coronavirus Pandemic Benefit Personal Injury Plaintiffs?","item":"https:\/\/www.rizklaw.com\/blog\/could-coronavirus-pandemic-benefit-personal-injury-plaintiffs\/#breadcrumbitem"}]}]