Traffic Accident Injury Claims During COVID-19


At least 20 states in the US have reported a drop in the total number of car accidents in the country. However, this didn’t stop the continuous increase in fatal car accidents. States such as Minnesota, Louisiana, and Oklahoma are the states most affected by this phenomenon.

Even if only a few cars are on the road due to social distancing protocols and the restriction or closing of many businesses, traffic accidents can still occur. An accident during normal times is already difficult enough. The pandemic only added strains to the already complex and stressful process for compensation claims.

You can still file a claim

Traffic accident victims keep themselves from filing a claim for a lot of reasons. These factors include worries about medical care or meeting a lawyer face-to-face, and the general stress due to the pandemic. However, keep in mind that your rights for personal injury claims are present despite the pandemic.

Federal judges have moved many court processes and operations virtually. Although most courthouses have closed their courtrooms’ doors for your claims, you can still file for a car accident claim. Moreover, the legal services of lawyers and judges are considered essential during the pandemic.

Face-to-face litigation, jury trials, and other in-person court proceedings have been suspended. Fortunately, most car accident claims can be settled before they even reach trial. If the claims are not settled extrajudicially, the cases can still move forward despite suspensions and cancellations in the court system.

Understand the statute of limitations

The statute of limitations for filing a car accident compensation claim in some states has been adjusted due to the suspensions and court closures. Many courts extended the deadlines for filing claims and affidavits.

Other states, however, have not adjusted the limit for filing compensation claims. For those who don’t know, the statute of limitations is a state of law limiting your right to file a civil action in court. The limitations are about the number of years or months within which you can file your claims.

In Texas, the Texas Civil Practice and Remedies Code provides that traffic accident victims have two years to file a compensation claim with the courts from the date of the accident. The court may allow an extension of the period to file claims in cases of deaths due to the car accident. The statute of limitations for wrongful death is two years from the day of the victim’s death.

The statute of limitations in California is also two years from the date of the accident. The California Code of Civil Procedure provides that the two-year limitation is for the injury and wrongful death resulting from the accident. To strengthen your compensation claims, you should talk with an accident lawyer. If you have a case in San Diego, seek the legal aid of a car accident attorney in San Diego.

The New York Civil Practice Laws and Rules provides that an injured driver, passenger, pedestrian, or cyclist must file their lawsuit within three years from the accident. In case of death, the lawsuit should be filed two years from the death of the victim. Whether you’re in Brooklyn or Watertown, it’s important that you hire the aid of a legal counsel.

Prepare for delays

The pandemic has created further complications for car accident claims. Regardless of whether you need a lawyer or not, you should be prepared for delays in your personal injury claims.

The main reason for the delay is the increased lapses by the insurance provider. It cannot be denied that the pandemic caused a slowdown in the economy. Such slowdown has affected many businesses, including insurance companies. Some car owners are considering not paying for coverage, resulting in the discontinuance of the insurer of the insurance coverage.

Another cause of delay is the filing of bankruptcy of the at-fault party if the claim is to be filed in an at-fault state. Filing bankruptcy will make compensation collection harder and more time-consuming.

A medical assessment is still needed

The first worry that might come to mind after a car accident is a possibility of contracting the virus if you subject yourself to a medical assessment. However, it is still important to seek medical attention after a car accident to document your injuries and to have a speedy recovery. A medical professional is still required to examine your injuries.

Telemedicine is now widely used for consultations and maintenance checkups to combat the possible transmission of the virus. It is now an acceptable method to deliver medical services. In this situation, telemedicine is still better than not having any medical assessment at all. Getting a telemedicine session can also help in your personal injury claim later on.

Takeaway

Although the pandemic has significantly changed the way people live, do not forget that your rights are still in force. If you ever get into a traffic accident, do not hesitate to seek compensation for the damages you’ve sustained. Know your rights to personal injury claims. If the process is still too complex for you, do not hesitate to seek the help of a car accident lawyer.