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Filing a COVID-19 Wrongful Death Lawsuit

Posted on behalf of Phillips Law Group on Jun 03, 2020 in Personal Injury

rose on a gravestoneIf you believe that your loved one became infected with COVID-19 and died because of another’s negligent or careless actions, we are prepared to help.

At Phillips Law Group, we offer an initial legal consultation that is completely free to you. It is an opportunity for you to learn whether you may have a valid case, as well as to get answers to any questions you may have about filing a COVID-19 wrongful death claim. There is no obligation to hire our services, however, if we represent you, it is on contingency. This means that you do not pay us anything unless we first obtain compensation on your behalf.

How Negligence May Impact Your Risk of COVID-19 Exposure

The most vulnerable population during this pandemic has been, as expected, the elderly, nursing home residents, those with underlying health conditions and essential workers.

Essential Employees

Essential workers who continued to work throughout the pandemic became ill with the virus. Most of these individuals, especially frontline workers, understood that their job would increase the risk of infection.

Other essential workers were exposed to COVID-19 because of an employer’s negligent behavior. If an employer failed to take reasonable steps to protect employees, such as implementing the protocols and guidelines issued by the CDC, then you may have grounds for a COVID-19 wrongful death claim.

Specific acts of negligence committed by an employer might include:

  • Failing to provide sufficient warning about the increased risks of becoming infected
  • Neglecting to provide workers with personal equipment protection (PPE)
  • Failing to implement protective measures in the workplace, such as social distancing
  • Neglecting to implement daily temperature/wellness screening of all workers
  • Neglecting enforcement of a stay-at-home sick policy
  • Failing to regularly clean and disinfect work areas
  • Neglecting to provide employees with additional preventative measures, such as alcohol-based hand sanitizers
  • Failing to inform employees about other co-workers who had contracted COVID-19

Nursing Home Residents

Arizona has 3,100 nursing homes, assisted living facilities and long-term care centers. Residents of these facilities already have a greater risk for infection because of their age and other underlying health conditions. However, this risk was escalated further by the need for daily interaction with caregivers who provide both personal and medical care.

Administrators at nursing homes and assisted living facilities owe a duty of care to the residents in their care. This duty of care includes acting quickly and taking reasonable steps to prevent the spread of COVID-19, such as:

  • Immediately isolating residents who become infected
  • Continuous screening of both visitors and healthcare staff
  • Closing off access to common rooms
  • Following best practices for disinfecting common areas, equipment and resident living areas
  • Training, implementing and enforcing proper hand hygiene
  • Using alcohol-based hand sanitizers and putting on PPE before caring for a resident
  • Following additional protocols for containment
  • Enforcing policies for caregivers; requiring them to go home, or stay home, if sick

Who May Be Eligible to File?

Arizona law limits who may be eligible to pursue a wrongful death claim on behalf of a loved one. Those who may qualify include:

  • Spouse
  • Any surviving children of the deceased
  • A surviving parent or guardian
  • The personal representative of the decedent
  • The personal representative of a deceased child, spouse, parent or guardian

If the deceased is a child, then either of his or her parents – or legal guardian – may be eligible to file a COVID-19 wrongful death claim.

Recovering Damages

The damages for an Arizona COVID-19 wrongful death claim could include some of the following types of compensation:

  • Medical expenses related to the emergency and final care of the decedent
  • Lost income and other benefits that the deceased would have earned if he or she had survived the virus
  • Funeral and burial costs
  • Legal expenses related to the wrongful death civil lawsuit
  • Pain and suffering that the decedent suffered before his or her death

Contact Our Qualified Lawyers for Help with Your Potential Claim

Obtaining evidence for a COVID-19 wrongful death claim can be challenging, especially as some healthcare professionals and organizations may receive immunity for care provided in support of the COVID-19 pandemic. However, the immunity law does not protect individuals or organizations from civil liability if there is evidence of gross negligence or willful, reckless misconduct.

If you believe your loved one became infected with the coronavirus as a result of another’s negligent behavior, we strongly recommend that you seek legal help from an experienced wrongful death lawyer.

Our trusted Phoenix wrongful death lawyers at Phillips Law Group can review the circumstances of your potential claim and determine whether you may have legal options. Our initial consultations are completely free, and we also charge no money up front or while we represent you. You only pay us if we recover compensation on behalf of your loved one.

Phillips Law Group. Call for legal help today: 1-800-706-3000

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