Illinois Coronavirus Injury Lawyer

Attorney Addressing Civil Liability in COVID-19 Coronavirus Disease Cases in Cook County and Surrounding Areas

The Wuhan coronavirus, which is officially known as COVID-19, has affected tens of thousands of people around the world. As the number of coronavirus cases in the United States continues to increase, people may be wondering about their legal options if they contract this disease or if a family member dies from an infection. Specifically, victims and their families will want to know whether they can pursue a personal injury or wrongful death claim and recover compensation from those who were responsible for an infection.

At Newland & Newland, LLP, we have litigated claims related to the transmission of infectious diseases for over two decades. Based on this experience, we believe that liability may exist for some who have transmitted or will transmit COVID-19. If you or a member of your family have contracted the coronavirus, we can help determine liability based on the facts and circumstances of your case, and we can work with you to pursue compensation for your damages.

Liability for Coronavirus Infections and Injuries

Why is it important to look at COVID-19 through the lens of liability? As with most other torts and personal injury claims, the economic repercussions and health consequences of an infection could be life-altering, and the financial hardship could devastate a family. Senior citizens, pregnant mothers, and those with compromised immune systems are most susceptible to a life-altering illness or death from an infectious disease.

Cases involving COVID-19 may be addressed in a similar manner to other illnesses caused by individuals and corporations. Negligence and product liability are the most common theories of liability used in these types of cases, and breach of warranty may also apply, depending on the facts of the case. To pursue compensation, a plaintiff must show that a defendant is liable under either statute or common law. In many cases, it is preferable to pursue a product liability claim, because it is often easier to prove strict liability rather than meeting the higher standards required to prove negligence. Food products contaminated by COVID-19 could be the basis for a product liability claim.

When an injury is life-altering, it may be possible to pursue compensation for loss of consortium for the victim’s family members. An illness will affect all aspects of a person’s life, which means the lives of their loved ones will be affected as well. Because of this, compensation may be awarded to address the harm caused to family members, even if they did not become sick.

In some cases, employees may be able to use the Workers’ Compensation Act to pursue compensation if they contracted a coronavirus infection while working. Liability under Workers’ Compensation can be similar to product liability, and an employer can be held strictly liable if it can be proven that work was a cause of the illness.

Experience Representing Clients in Claims Involving Infectious Diseases

We have represented hundreds of plaintiffs in disease transmission claims, and we have obtained millions of dollars in verdicts and settlements for our clients. We have assisted people affected by norovirus outbreaks, sexually transmitted diseases, salmonella food poisoning, E. coli, listeria, Guillain-Bar syndrome contracted through vaccines, legionella, carbon monoxide poisoning, fish poisoning, lead poisoning, and toxins causing bladder cancer and lung cancer.

Our representation of clients in cases involving disease transmission has led down multiple cutting-edge paths in the scientific and legal fields. These include:

• A woman with multiple sclerosis (MS) contracted norovirus, which was likely transmitted through food eaten at a restaurant. The infection caused her condition to progress more quickly, and we were able to obtain compensation for aggravation of MS.
• We obtained compensation for a pregnant mother who contracted a listeria infection that was transmitted to her unborn child. This infection led to premature birth, and the infant had to have its appendix removed upon birth.
• We have successfully held restaurants liable for food poisoning cases that led to issues such as reactive arthritis or triggering of celiac disease, a genetic disorder.

Our experience litigating these types of cases can help us fully address the potential effects of a COVID-19 infection. Those who are genetically disposed to acquire a disease may be more likely to become infected or suffer complications. People who have preexisting illnesses may experience an increased pace of deterioration of these conditions after contracting coronavirus. We can be sure a claim fully addresses all of the damages a person and their family have experienced, as well as how they will be affected in the future.

Contact an Illinois COVID-19 Infection Lawyer

While the full extent of the consequences of COVID-19 are not yet fully known, victims and their families will want to understand how to determine liability for infections and the steps that should be taken to pursue a claim. Litigation in these cases is inevitable, and insurance companies will be required to pay compensation to some people. At Newland & Newland, LLP, we can use the precedents established in our other cases to help our clients pursue compensation for coronavirus infections. We believe that we will be able to break new ground in litigating COVID-19 transmission cases, and we are prepared to assist victims in receiving the compensation they deserve. To schedule a free phone consultation, contact us at 847-797-8000.