The novel coronavirus that causes COVID-19 is not only potentially deadly, but can be transmitted by individuals who are not showing any symptoms, so people might fear that they’ve contracted the illness even if they feel fine. While the virus has existed in the United States for months, obtaining a test is still difficult in many areas and getting the results can take several days. It’s understandable that a person who believes he or she was exposed to coronavirus might suffer significant emotional harm regardless of what the test result eventually shows. As more Americans are afflicted with COVID-19, it seems likely that we’ll see lawsuits seeking damages for emotional distress related to actual or potential infection.
States vary in how they handle claims alleging negligent infliction of emotional distress, but by examining some of the elements of these actions, along with similar actions involving the spread of disease, we can gain some insight as to how these cases might be litigated. Key factors in emotional distress lawsuits can include:
Emotional distress litigation is often complicated, made more so by the great variance regarding reasonable safety measures that should be taken to stop the spread of COVID-19. Once you discuss your situation with a lawyer who is familiar with these claims, you’ll have a better perspective on your options.
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Plaintiff sustained a series of fractures and other injuries to the right shin, heel and foot, requiring nailing of the right tibia with two proximal and two distal locking bolts, ultimately resulting in below-the-knee amputation
Infant plaintiff sustained encephalopathy as result of DPT vaccination administered by NYC Health and Hospitals Corporation.
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47 year old male police officer injured as a result of surgical malpractice by an orthopedic surgeon resulting in an inability to work and permanent impairment of gait.
Wrongful death case settled at the Appellate level, 44-year-old husband and father drowned while swimming in a municipal pool.
69 year old female with underlying osteoporosis and preexisting spinal degeneration awarded as a result of a motor vehicle accident causing an acute T12 fracture of her spine.
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