COVID-19 can be dangerous to those who are immune-compromised. However, it can also cause severe symptoms to someone healthy. A person can be a carrier without him/her knowing it because he/she is asymptomatic. However, if a person contracts this virus and that person knows who gave it to him/her, can that person sue or seek legal counsel from a personal injury lawyer in NYC?
Seek the advice of a Personal Injury Lawyer in NYC
The person who may be a COVID-19 carrier can’t be sued. An injury claim depends on providing proof that the defendant is liable for the harm that the claimant has suffered. There’s no way to prove that one person gave another person the virus. Indeed, shaking the hand of a person who tested positive for the virus may spread the virus to another person. But it’s difficult to prove. The claimant might have gotten the virus from someone else. It will be a challenging issue for any PI attorney.
On the other hand, if the person carrying the virus spreads it to another person intentionally, then a claim can be filed. But, this, too is difficult to prove. It’s the same case as proving that the defendant is an STD carrier and the defendant intentionally infects the claimant. In other words, the carrier hid the illness before they engaged in sexual intercourse.
Proving It Can Be Challenging
As mentioned, it’s difficult to prove that the defendant intentionally tried to expose the claimant to the COVID-19 virus. The reason for this is that many asymptomatic patients have no intention of giving the virus to others. That said, if the claimant would seek legal counsel from a PI injury lawyer, the attorney may discourage it. However, a claimant can file a claim against his/her employers for not following the safety protocols within the workplace. The claimant may still pursue a case against the infected person if he/she can prove that the person didn’t self-quarantine and practice social distancing. It’s a breach of legal duty.
Talk to a Personal Injury in lawyer NYC
Because there are several possibilities, in this case, it’s ideal that the plaintiff would seriously talk to a lawyer before filing a claim against the carrier of the disease. But, likely, the lawyer will just recommend not to pursue a case against that person, unless it is intentionally done. That is, the person deliberately infected the claimant.
At Rosenberg, Minc, Falkoff & Wolff, LLP, the PI attorneys here are ready to hear every case. Whatever the circumstances are, they will provide recommendations on what to do next to ensure that the claimant is taking the next steps legally. To discuss any personal injury sustained, contact a reliable personal injury lawyer in NYC here: 1-800-660-2264