07 Aug Should I Wait to Pursue a Personal Injury Claim Because of COVID-19?
The news media have published stories about how back-logged the court system is as a result of COVID-19 safety measures and closures.
Court Backlogs and COVID-19 Delays
Some courts across the country are not functioning at all, except for emergency situations. In Utah, both the federal and state courts are generally operating. Necessary hearings are mostly being conducted by video conference call.
Because of the back log in the court system, some people may think that they should delay contacting an attorney regarding their personal injury case, or other matters. However, that would be a bad idea in many cases.
Consequences of Delaying a Personal Injury Claim
Delaying contacting an attorney to assist you with your case could lead to the loss of evidence that would help you be successful. Postponing can also make it unnecessarily difficult to continue to get medical treatment and have that treatment covered by insurance. It is typically very important to your injury case to follow through with recommended treatment. If you are suffering from pain or injuries that can be improved through medical interventions, you should consistently receive treatment as recommended by your medical providers. Gaps in treatment can be harmful to your case because often when you return for more treatment, insurance companies will claim that some other incident during the gap must have occurred and caused the need for further treatment.
Most claims are settled out of court
In reality, most personal injury cases are concluded with a settlement between the injured and the insurance company before a court case is ever filed. And the insurance companies are open and doing business.
We are settling cases almost every day for our clients and helping them get the money they need and deserve to compensate them for their injuries during this difficult time.
Randall Spencer is a founding partner at Fillmore Spencer and head of our Personal Injury Practice.
In the last year, he has recovered more than two million dollars for his clients and many more millions for his injured clients in years past related to wrongful deaths, auto accidents, plane crashes, train crashes, semi-truck crashes, motorcycle accidents, slips and falls, and many other incidents caused by negligent acts of others. If you have questions about a possible case or court delays due to COVID-19, contact Randall for free consultation about your specific situation.