Do You Have a Valid COVID-19 Wrongful Death Claim?
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- Do You Have a Valid COVID-19 Wrongful Death Claim?
June 3, 2020
If 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 protective equipment (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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Although my accident was fortunately not a major one, The Phillips Law Group AZ treated it as such. Their staff, specifically Mr Juan Roque was very professional, courteous and most importantly very informative. Mr Roque's attentive service was phenomenal and I highly recommend this firm!
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Working at Phillips Law Group has been a blessing from the beginning for me and I am extremely thankful to work for a firm that values their employees so much. Here I believe we are a huge family of hard working people that can bring a sense of comfort to our client’s lives in times of hardships, stress and chaos. From intake to Settlement we strive to provide the best customer care to all of our wonderful clients. With a 4.8 rating and over 1100+ star reviews on Google no surprise our firm is extremely well known for the quality of work we do!! #teamPLG!!
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My Attorney Sean Davis and his paralegal Hannah Dustin worked on my case. They listened to the problems that I was having with my case and they both got right to work. First they found me a doctor that actually listened to my problems from my car accident and worked quickly to form a plan that was comfortable for me and the doctor. The doctor was the best and after a couple of procedures the pain in my neck was gone. Behind the scenes Sean and Hannah were working hard to get my case settled with the insurance company. They kept in contact with me on all aspects of my case. They settled my case much faster than I expected and for more than I was expecting. If you want two real professional legal people to work on your case, I would highly recommend Sean and Hannah to you. I cannot say enough nice things about these two. Thank you so much, Rickey Hart .
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