While it is true that many aspects of our lives are currently on hold due to the COVID-19 pandemic, there are also certain things, including legal matters, that cannot be put off indefinitely. Although court closures and mandatory stay-at-home orders may have made it more difficult to pursue a legal claim at this time, doing so is still possible with the help of an experienced and diligent lawyer, so if you were injured in an accident in Virginia and have questions or concerns about a pending or newly initiated legal claim, please don’t hesitate to contact our experienced Farmville, VA personal injury legal team today for assistance.
To promote social distancing, many state and federal level courthouses have closed their doors to everyone but those whose legal matters qualify as emergencies. In Virginia, for example, the Chief Justice of the state Supreme Court extended a Declaration of Judicial Emergency through May 17th. District and circuit courts do, however, still have the option to conduct non-emergency hearings via two-way electronic audio-visual communication system, or telephone, although this is only an option if all parties, including the attorneys and witnesses, agree to participate in remote proceedings.
The bottlenecking of courtroom schedules across the state will undoubtedly slow the timeline for many personal injury claims. Fortunately, even if a court refuses to handle a case remotely, the parties involved can still take steps to move their cases forward. In fact, most of the legwork that goes into a personal injury case doesn’t happen in court, as investigations, conducting discovery, drafting petitions and motions, engaging in settlement negotiations, preparing case strategy, and meeting with clients all happen elsewhere. To learn more about what kind of progress you could make on your own personal injury claim during the state-wide closures, please call our office today.
The state Supreme Court recently addressed the statute of limitations in civil cases, declaring that all case-related deadlines will be tolled until May 17th. If, for instance, a plaintiff’s two year statute of limitations deadline expired on April 30th, the time between March 16th and May 17th would not be counted when calculating that deadline. Furthermore, once the emergency ends, plaintiffs will have an additional 32 days to file suit, so accident victims need not worry that their claim will expire before the Declaration of Judicial Emergency ends. This does not mean, however, that plaintiffs should delay filing a claim or working with an attorney during this time, as doing so could have negative consequences when the inevitably courts reopen and face a backlog of hearings and trials.
Insurers, like many other businesses, could be facing hard times in the near future, especially if policyholders start missing their premium payments. Presented with less income, some insurers will be even less likely to settle than usual, using whatever tactics are available to deny or undervalue a claim. Claimants can also expect a delayed settlement process, as many insurers are operating with fewer employees in the office or may have people working from home. This, combined with the fact, that many accident victims may be more willing to accept lowball offers due to financial uncertainty, could result in many injured parties obtaining unfair settlement awards. One of the best ways to avoid this is to retain an experienced personal injury lawyer who can negotiate on your behalf and ensure that you aren’t taken advantage of by an unscrupulous insurer.
With the looming economic recession, many policyholders may find themselves unable to pay their monthly premiums. This in turn, could result in a higher number of uninsured drivers on the road, which could make it difficult for injured parties to recover compensation through their insurers following a collision. In these cases, filing a personal injury claim may be the only way that accident victims can recover compensation for accident-related medical expenses and property damage.
Obtaining medical care may also become more difficult, with many accident victims wary of going to the hospital due to concerns over exposure to COVID-19. Fortunately, many general practice doctors and nonemergency medical clinics are willing to diagnose patients by virtual appointment and internet conferencing. This ensures not only that injured parties can obtain the care that they need without exposing themselves to unnecessary risk, but also that they can begin the process of creating a medical record linking an injury to a specific accident.
Accident victims should be wary of delaying the filing of their accident claims due to concerns over COVID-19. For help evaluating your own claim or coming up with a strategy for your accident case, please contact experienced personal injury lawyer Herbert E. Maxey, Jr. at 434-969-4873 today. You can also reach a member of our legal team by completing one of our main contact forms.
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Attorney Herbert E. Maxey, Jr., serves clients throughout Virginia who have been injured by the negligence of others or who have lost a family member as the result of such negligence. The negligence may have been caused by the actions of operators of motor vehicles or, in medical malpractice cases, by the actions or inaction of healthcare professionals. For more details call Herbert Maxey, a Buckingham, VA accident attorney at 434-969-4873.... View full business profile here: Herbert Maxey
