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How Injury Settlements May be Impacted by COVID-19

David Matine • May 05, 2020

The Covid-19 pandemic has created an unprecedented and unpredictable situation for new and ongoing legal cases, but personal injury victims in Virginia can still pursue their claims for damages or negotiate settlements with insurers or at-fault parties through their lawyers.

In fact, looking at the adverse economic conditions resulting from the coronavirus related disruptions, it is now even more important for injured victims and their families to seek their rightful compensation.

How Personal Injury Cases may be Impacted

As part of a coordinated response to the pandemic, courts, insurance offices, and attorneys are practicing social distancing. Hospitals and other medical institutions are prioritizing coronavirus affected patients. In the midst of these conditions, it is natural for personal injury victims and their families to feel confused and worried about the potential impact it may have on their claims.

In these times of uncertainty, it is best for seek legal advice from an experienced personal injury lawyer for your case. The dedicated attorneys at the law offices of Buck, Toscano, & Tereskerz are committed to helping you with your claim proceedings as the state fights back the crisis, and provide you useful insights and the right legal advice about your personal injury case.

Virtual Consultations and Remote Working

In Virginia, our personal injury attorneys at Buck, Toscano, & Tereskerz are accessible to you during this difficult period and will be able to provide you the best possible virtual consultation over the phone, video-based calls or email. We are complying with all the state guidelines and taking precautionary steps to protect our clients and our staff.

But with the use of technology and remote operations, we are continuing to represent and advise our clients for all their legal matters. At our law firm, we are fully prepared to handle your personal injury settlement issues as our attorneys are able to: 

  • Operate remotely as necessary to handle vital aspects of your personal injury case, coordinate with the legal teams and staff, and respond to your inquiries and requests.
  • Make the best use of technology to maintain and access documentation, records and information pertinent to your personal injury claim, and ensure the security and privacy of all information.
  • Provide free initial consultations and engage with clients through all convenient remote communication options, including video conferencing.
  • As the situation develops, we are prepared to use technology to consult with experts, exchange discovery as well as other legal documents with the other parties and conduct certain depositions virtually.

How Covid-19 Affects Your Existing Personal Injury Case in Court

The Supreme Court of Virginia has entered an Order on the 16 th of March to declare a judicial emergency following the Covid-19 pandemic. With this Order, there is a significant impact on all the cases under active litigation. The Order was initially passed until the 6 th of April but has now been extended up to the 26 th of April.

With the state’s stay-at-home order extended up to the 10 th of June, it is likely that the Supreme Court’s Order will also be similarly extended. According to the Order, even though the clerks’ offices will continue to be operational, all applicable time schedules, deadlines, statues of limitations and filing requirements are extended for the duration of the Order.

What this means for you is that if you have personal injury claim pending in a Virginia court, chances are that the matter will be postponed at least until the 26 th of April. Importantly, as the statutes of limitations are also suspended for the Order’s duration, you could get additional time to file (or re-file) your civil lawsuit as well.

Although all civil and criminal proceedings are currently suspended (except in emergency cases), the judges in Virginia can still use their discretion to hear cases where vital constitutional rights and interests of a litigant are at stake.

Use of Video Conferencing by the Courts

The Supreme Court Order states that courts should make use of video conferencing to hold hearings wherever the law permits the use of such technology. If a secure platform for video conferencing is not available to the participants in a proceeding, the court may allow their participation via phone call.

Serving of written discover has not been prevented in the Order, but there could be delays in answer of discovery. If the parties are agreeable, depositions can also be taken. Depositions may be conducted using video conferencing provided the parties agree to it.

In this changed scenario, you should have a capable and resourceful personal injury lawyer by your side who can navigate the intricacies of your case and pursue your case for damages using the permitted technological arrangements for remote working.

Talk to a Knowledgeable Personal Injury Attorney Today

Are you worried about the fate of your personal injury settlement in the prevailing situation of coronavirus pandemic in Virginia? Our experienced lawyers at Buck, Toscano, & Tereskerz are committed to helping you in all possible ways through this challenging time. To schedule a free consultation, call us now at (434) 977-7977.

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