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Will the COVID-19 Pandemic Affect My Personal Injury Claim?

Posted By Walter Thomas
Will the COVID-19 Pandemic Affect My Personal Injury Claim?

The current COVID-19 pandemic has changed the lives of Iowa residents in numerous ways, as most of us are encouraged to implement social distancing, refrain from going into work if possible, and to avoid unnecessary travel. These closures, interruptions, and cancellations, however, could have more than just an impact on our day-to-day lives. Some people, for instance, may be concerned over the effect of the current pandemic on a wide range of legal claims, including car accident claims and other personal injury cases.  

A global crisis of this nature is unprecedented, so predicting how the COVID-19 pandemic will affect court cases going forward is nearly impossible. We also recognize, however, that although we may have hit the pause button for most aspects of our lives, statute of limitations, court deadlines, and financial need will require that some people continue to pursue their legal claims during this time. For this reason, we have made a number of changes in our own office to help you handle your case remotely. To learn more about how an experienced Iowa car accident lawyer can advise you on your own pending or recently initiated claim, please call our office today. 

Courthouse Delays

Iowa courts have made a number of changes to help residents avoid contracting COVID-19, such as:

  • Suspending all non-jury civil trials until June 15th; 
  • Suspending all civil jury trials until August 3rd;
  • Allowing civil court documents that would normally need to be signed under oath and in the presence of a notary, to be signed using an electronic signature;
  • Allowing attorneys to sign civil court documents electronically on their clients’ behalf; 
  • Eliminating mandatory notarization on court forms to minimize in-person interactions; and
  • Tolling the statute of limitations for commencing a civil action in district court. 

Despite these changes, courthouse closures have resulted in significant delays for court claims across the state. Fortunately, a lot of the legwork that needs to be accomplished when pursuing a legal matter doesn’t actually take place in the courtroom. For instance, investigating a case, gathering and assessing evidence, preparing motions and briefs, devising a litigation strategy, and submitting court filings can mostly be done remotely, so if you were recently injured in an accident, you should still contact an experienced personal injury attorney who can help your claim move forward despite court closures. 

Liability Coverage 

Unlike some states, Iowa adheres to an at-fault theory of liability when it comes to car accidents. This means that injured parties have the right to seek compensation from at-fault drivers by:

  • Filing a claim against the at-fault driver’s insurer;
  • Filing a lawsuit against the negligent driver or another at-fault person or entity; or
  • Making a claim with their own insurers. 

Although most drivers usually obtain some form of liability insurance, it’s important to note that we are currently in the midst of a significant financial recession and so can expect that many people will not be able to cover the cost of their premiums in the near future. With fewer covered drivers on the road, more injured parties may be required to go to court to obtain compensation for their losses, which can be difficult with current court closures. For help determining how best to deal with these setbacks, please call our legal team today. 

Denying Policyholder Claims

We aren’t the only ones who may be experiencing financial stress in the near future. Auto insurers, for example, may also struggle in the coming months if policyholders don’t keep up on their premiums. Unfortunately, it is possible that insurance companies that find themselves in this position could put up more of a fight when settling a motorist’s claim or could deny claims outright. This is much less likely to occur when the motorist in question has an attorney on his or her side, who can ensure that the insurer doesn’t employ unfair or unlawful tactics during negotiations. 

Settling Personal Injury Claims  

The financial stress caused by the COVID-19 pandemic could also motivate many accident victims to try and settle their cases as soon as possible, especially if they recently experienced a job loss. Some insurers or at-fault parties may try to exploit the situation further by offering extremely low settlements, even though the amounts don’t cover the scope of the accident victim’s losses. Again, having a lawyer in your corner who can negotiate on your behalf, can make all the difference in the type of settlement offer that an injured claimant receives.

Experienced Iowa Car Accident Attorneys 

If you were recently injured in an accident through no fault of your own, you may need the advice of an attorney in order to settle or litigate your claim. Please call the Telpner Peterson Law Firm, LLP at 712-325-9000 to schedule a phone or video conference with a member of our dedicated car accident legal team. 

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About the Author:

Walter Thomas


Attorney Walter Thomas provides legal representation in personal injury, workers compensation claims, auto accidents, medical malpractice, elder law and more. For more details contact our Council Bluffs personal injury lawyer at 712-325-9000.... View full business profile here: Walter Thomas