Can You Sue Someone for Getting You Sick with COVID-19?

It seems like everything is so confusing and scary right now! There are questions being asked that you have never thought of before. You might be wondering about the legal consequences of getting someone sick before or after you've tested positive for the Coronavirus.

Thankfully, we probably won't be seeing a wave of personal injury law firms in Davie, FL suing people over transmitting COVID-19. Yet, there are other legal consequences that could come from failure to follow state and local orders meant to keep the public safe. This is a nationwide health crisis, and it's something to take seriously.

You Probably Can't Sue Over Being Infected with the Coronavirus

Unlike many other situations in which one person's negligent conduct causes harm to someone else, the potential spread of COVID-19 isn't likely to be a basis for a civil lawsuit seeking damages from the person who allegedly did the infecting. Even if someone is convinced that they know the person who infected them with Coronavirus, it's unlikely to be a successful lawsuit. Most successful personal injury cases require the person bringing the claim (the plaintiff) to prove that the person being sued (the defendant) did something wrong and also that there's a provable causal link between that misconduct and the plaintiff's harm. With the Coronavirus so prevalent in our community and so easily passed from person to person, this level of proof would be next to impossible.

What if a Vaccine is Developed?

It is likely that a vaccine for COVID-19 will be developed and available to the public soon. For many, the fear of contracting a disease from a non-vaccinated person is very scary. This particularly affects people who cannot get vaccinated for health reasons and children too young to receive vaccines. Because they cannot get their own vaccination, they rely on others to not spread illness like COVID-19. Arguably, preventing disease is a reasonable action, which means that people who do not vaccinate are making a negligent decision. This means that in the future, someone could use personal injury lawyers in Davie, FL and sue another person for negligence over a lack of vaccinations.

You can Still Find Yourself in Trouble

Posing a threat to the public in general isn't a basis of a personal injury lawsuit, and it's next to impossible to prove that one person actually caused another person's illness in the midst of a pandemic of this proportion. But that doesn't mean there are no consequences if a person acts recklessly or negligently. If a person fails to comply with a government-issued order or instruction related to the Coronavirus pandemic, he or she could face any number of civil or criminal penalties. An example of this would be a restaurant that refuses to close their dining room and many people get sick from going there.

Remember, when in doubt- reach out to personal injury lawyers in Davie, FL and ask your questions directly. He or she will go over your specific case in more detail.

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longofirm Joined: August 5th, 2018