Can You File a COVID-19 Wrongful Death Lawsuit?
As of July, 2020, over 146,000 people across the United States have died from COVID-19. Many of these deaths may be due to the negligence of someone else. As a result, we can expect many wrongful death lawsuits filed in the coming months and years.When a COVID-19 Wrongful Death Lawsuit Can Arise
Wrongful death lawsuits may arise in numerous different contexts. Of the court actions already filed, many have resulted from deaths at nursing homes and other long-term care facilities across the country. The allegations in these lawsuits claim that the nursing homes did not adequately protect their residents, causing them to contract COVID-19 and die. Other estates are filing wrongful death lawsuits against employers as their loved ones contracted COVID-19 at work. These lawsuits are seeking to break from the usual rule that workers' compensation is the exclusive remedy that employees and their families have when they are injured or killed on the job. Some types of wrongful death lawsuits can be filed on behalf of families who lost a loved one after having gotten sick on a cruise ship or an airplane. In the case of the cruise ships, these lawsuits claim that operators did not prevent outbreaks on their ships and set sail when they knew that there was a spreading pandemic.What You Must Prove in a COVID-19 Wrongful Death Lawsuit
The standard of proof that you must meet in a COVID-19 wrongful death lawsuit depends on who you are suing. If you are suing anyone other than an employer, the standard of proof in these cases is the same as any other personal injury lawsuit. Here, you will need to show the following four elements:- The defendant owed you a duty of care.
- The defendant breached the duty of care by not acting as a reasonable person in their situation would act.
- There was an injury suffered.
- That injury would not have occurred but for the acts and omissions of the defendant.

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