Can You Use a Winnemucca Attorney to Sue from Getting COVID?
COVID-19 has swept through the world over the last few years and despite the very best efforts from the top medical scientific minds, is still a very serious problem in 2022. Many people from all over the world are so tired of the fear of COVID, that they struggle to continue to take precautions. Back in 2020, everyone was terrified of COVID, now fast forward 2 years and everyone is just tired. In fact, nowadays you would be hard pressed to find someone who has not already been infected or doesn’t know someone that has not been infected.
With the high infection rate in the U.S., there has been a severe uptick on lawsuits filed alleging that people are getting infected with COVID due to the negligence and intent of others. Even here in our cozy little town of Winnemucca Nevada. So, if you have been infected with COVID due to someone not following State regulations, or have been infected due to an intentional act, can you hire a Winnemucca attorney and sue?
Unfortunately, the answer isn’t as clear cut as a yes or no. In order to win a civil suit, the Plaintiff must prove beyond a shadow of a doubt 4 things, (1) the existence of a legal duty; (2) breach of that duty; (3) causation; and (4) damages.
The Existence of Legal Duty
The definition of a “Legal Duty,” is when there is an obligation owed to someone that was created by either a law or a contract. In the case of a contract, the duty that is owed is pretty clear cut. Follow the prescripts of the contract and your duty is upheld.
In the case of the law, the duty arises when the law requires that a party that would be named defendant, acts in a matter that follows the law. Meaning that every one of us has a duty to follow the law, and if we do not, and there are damages that occur due to that illegal behavior, then that person has failed in their legal duty to the injured.
Breach of Duty of Care
It is not enough to win in court to just have your Winnemucca attorney prove that another person owed you a legal duty, they must also prove beyond a shadow of a doubt that due to the persons own negligence, that duty was breached. The majority of times your lawyer must prove that the negligent party breached their duty of care by failing to exercise reasonable care.
An example of this would be in the case of a slip and fall at a grocery store. The employee of the store mopped the area near the entrance of the store with a wet mop, then had a “duty of care” to put up a sign that clearly displayed that the area was wet and for customers to be careful. If the employee, through their own negligence, failed to exercise reasonable care and did not put up the sign, they have breached their duty of care.
Cause in Fact of the Injury
The next factor that must be proven by your Winnemucca lawyer is that the injury that you have suffered was a result of the defendant’s actions. Someone who has suffered from a broken hip cannot just sue someone that failed to put up a “wet floor” sign without clear and convincing evidence that the broken hip was caused by a skip and fall because if the wet floor.
“Causation” is the term that is used when a lawyer uses evidence and testimony to prove that their client’s injury was a direct result of the defendant’s negligence. This is sometimes referred to as “but-for” causation, meaning that but for the defendant’s actions, the plaintiff’s injury would never have happened.
After all of the above criteria have been proven, your injury attorney must then present the evidence and argument that shows just what damages have occurred, and then tie a dollar amount to those damages that would act as compensation. These damages will include doctor and hospital bills, lost wages, pain and suffering as well as lost time and experiences with friends and family, among other factors.
The Issue with a COVID Lawsuit
Here at Justice Law Center, we have spoken to people who have claimed that they have been intentionally infected with COVID. Then, there are people who say they have been infected by an individual due to negligence. Situations have arisen where someone has contracted COVID and have breached their duty of care by not quarantining which may have caused others to become infected. Then there are the rare instances where people who are knowingly infected have intentionally coughed on others in an attempt to infect them.
So, to answer the question in a short form, yes you can file a lawsuit against someone who you believe you have contacted COVID from. However, the chances of winning such a case are very slim.
The problem with these cases is proving causation. It is possible for you to sue someone if you have had absolutely no contact with any other human other than the person you contracted the virus from, and that person intentionally wants to harm you. Otherwise, it would be impossible to prove that you got the virus from that specific person. Another problem with a COVID civil suit is proving either negligence or intent. It would be easy to determine the difference if someone has one too many drinks then gets behind the wheel and inadvertently kills someone as opposed to someone intentionally plowing through a crowded sidewalk with their vehicle.
When a Winnemucca Attorney Can Win a COVID Lawsuit
While trying to sue an individual that you believe may have given you COVID has only a small chance of success, that doesn’t mean there are no viable COVID lawsuits that are filed. If the actions of a company or corporation exposes employees or customers to the virus by negligence, neglect or intent, you could win a civil suit.
Examples of this could entail your employer ignoring state mask regulations and not requiring their employees to wear a mask at work, or a company failing to report a case of COVID at their business, that results in an infection. If you were to contract the virus due to a situation like this, there could be a successful lawsuit that could be filed.
Find Your Winnemucca Attorney at Justice Law Center
Our expert lawyers at Justice Law Center have been helping the Winnemucca community with their legal issues for over 25 years. We are a full-service Winnemucca law firm, and we care about each one of our clients. If you have a personal