Can I Sue For Contracting COVID-19?

These are troubling times to navigate, especially with the ongoing COVID-19 pandemic. Also known as COVID-19, this illness can spread easily and cause severe sickness or even death. Many areas of the U.S. (and the world) have adopted strict protocols, but individual actions still matter. So, what happens
if you have COVID
or someone you love does because of someone else’s negligence? You may wonder if you can sue for personal injury after contracting COVID-19. Lawsuits exist to help victims recover damages caused by careless actions. Here’s what you need to know if you or a loved one faces this situation.

Under What Circumstances Can I Sue for Contracting COVID-19?

There are various situations that could lead to a personal injury lawsuit if you or a loved one suffers harm from contracting COVID-19:

It was contracted at a hospital or medical facility where protective measures were not taken.
It was contracted at work, on the way to or from work, when you were not permitted to work from home and proper precautions weren’t in place.
It was contracted on a cruise ship or similar setting where caution was not used.
It was contracted while under arrest or in jail.

Again, your attorney will review whether reasonable care was lacking, which resulted in contracting an illness like COVID-19.

What Makes For a Successful Personal Injury Lawsuit?

Recovering damages in any injury lawsuit depends on proving four key factors:

Damages – There must be physical, emotional, or financial harm.
Causation – You must show when, where, and how COVID cases were contracted.
Duty of Care – The party you sue must have been responsible for taking reasonable steps to prevent harm.
Failure to Provide Care – Evidence must show that this duty was not met, resulting in COVID-19 results that caused damages.

Is Recovering Damages for Contracting an Illness Precedented By Any Other Cases?

Although the COVID-19 pandemic is unique, there are legal precedents for suing over contracting an illness. Cases like STI/STD lawsuits and past virus outbreaks show that you can sue for injury when proper precautions weren’t taken. For example, the family of a person who died of Ebola filed a successful lawsuit against their employer. Similar personal injury lawsuits for COVID-19 cases have already begun.

The Bottom Line

If you or a loved one tests positive for COVID-19, it’s critical to know what to do next. If you believe negligence played a role in contracting COVID-19, our team can help you explore a personal injury lawsuit and fight for justice. Every moment counts, so reach out for legal guidance — especially if you have COVID and believe someone else’s actions caused it.