You might be surprised how often I get asked this question. Here is the answer I give everyone. You can sue for anything, but what you should really ask is “Can I Win?” And here, the answer is if we take the case, you are likely to be successful. We can evaluate, investigate and try your case when necessary. The insurers usually give up just before trial.
There are a lot of reasons why you might lose but let me give you the big one. Assume you are a customer (though it is also true if you are an employee), you must prove that the specific place you are suing made you sick. With a virus where the incubation period is 2 weeks, that is almost impossible. You could have gotten the virus almost anywhere.
Another hurdle is that the Governor has exempted some businesses from COVID-19 lawsuits. This is highly controversial, and it may not have been needed. Trial lawyers think businesses will use the Governor’s order to side-step any lawsuit.
Let me do a little explaining (I miss doing the live LawCall TV show). Even if the standard for liability is higher, a business has a duty to provide a safe environment for customers. There are some businesses which are flagrantly ignoring CDC recommendations. If that is the case and you contract the virus, say in a nursing home, you need to contact us and let us help you.
Now an employee may have a better chance of proving where he or she got the virus. Workers compensation should cover them.
If you do get the virus, don’t give up the fight easily. Many Georgians have fought Goliath and won.
If you suffer a catastrophic injury or suffer a wrongful death, you can talk to us at the Hawk Law Group for free. 706-444-4444. We want to help. We are working remotely and in person but are always available.
Also, join us on News 12 LawCall here in Augusta every Sunday night at 11:30 right after the news. We are on tape during the COVID-19 epidemic but plan to be back live soon taking your questions.
GA Personal Injury Attorney