For those who have been injured in an accident prior to or during the global pandemic, you have some major concerns. Apart from a virus turning your world upside down, you have to worry about paying your medical bills, especially if you can’t work. It’s very possible you are depending on the resolution of your personal injury claim to feed your family and pay your bills. So what happens when the courts close? What does that mean for your case?
Brad Parker says, “We can’t know the full effect yet. From the standpoint of courtroom delays, no trials are being conducted currently. Of course that will cause a backlog. As far as hearings, most courts are making arrangements for video conferencing.”
It’s so imperative that the law firm representing you is equipped to handle the coronavirus outbreak while continuing to push your case toward a resolution. The firm representing you should have invested in paperless technology and a digital infrastructure (including remote computer access) so their team can continue to work on your case while the courts are closed and many offices are shut down.
Vital parts of the legal process that can still take place during the outbreak are arbitrations and mediations. These proceedings usually take place out of court and can be conducted remotely by video conferencing. Also, the discovery process needs to push ahead. Firms like ours have remote access so we can continue to submit materials, exchange discovery materials and make motions to the court seeking relief. Even depositions can be conducted remotely via Google Hangout, Skype or other video conferencing technologies.
“During this unprecedented time, the supreme court has issued some guidelines. While I personally question their authority to do so, it’s my advice to go out of your way to make sure your suit is filed. I am working tirelessly to make sure my clients file in a timely manner. I don’t want to risk it,” Brad says.
If you are claiming injuries in your personal injury case, you will need to prove them. In order to show the extent of your injuries, you will need to provide evidence of medical treatment. Missing your doctors’ appointments may make it seem that you are not taking your case or your recovery seriously. Obviously, the defense loves to make a case out of missed medical appointments, but with the current pandemic, some people are afraid to leave their homes and go to the doctor’s office.
Brad says, “I’d love to watch the defense attorney try to use the pandemic against one of my clients. That just would not work. However, as restrictions ease, it’s imperative to get to medical appointments if possible.”
The same thing goes for closely following your doctor’s professional medical advice.
“If your doctor’s records reveal that you are not following their advice, the opposing counsel will make the defense that your injury is less severe than you claim,” Brad says.
Also, if you choose not to follow your doctor’s advice, your carrier may deny your benefits. Medical documentation is a necessity to prove to your insurance carrier that you are in fact undergoing physical therapy, and it’s the foundation of most personal injury claims. Without proof of treatment, you will have a difficult time convincing a jury that your injuries were severe enough to get compensation.
If you aren’t one of our clients, we really hope you have a good lawyer who is stepping up during this time and making sure their firm is running smoothly for you. If you are looking for an attorney in the North Texas area to help you fight for justice during this time, fill out our contact form or call our Bedford office at 817-440-3888. Pandemic or not, we are always here for you.
At Parker Law Firm, our experienced personal injury lawyers believe people matter. We are committed to our clients, not case numbers, and we believe in the power of the civil justice system. With years spent both representing accident victims and participating in the state legislative process, our founder, Brad Parker, has developed a deep understanding of the law and gained unique experience that helps him get results for his clients.