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Home > Blog > Personal Injury > Questions from the Average Joe: Personal Injury XIII
by: NPHM | December 24, 2020

Questions from the Average Joe: Personal Injury XIII

Q: I was recently diagnosed with Covid-19 after shopping at a store where the cashier wasn’t wearing a mask. Can I sue the store for my medical bills?

A: Under the current pandemic-related orders in most states, everyone who enters any public space is supposed to always wear a mask in an effort to prevent the continued spread of the Covid-19 virus. As you’ve likely experienced, these orders are not uniformly followed in all businesses. Given the nature of the pandemic, though you can personally take all possible precautions, it is still possible to be infected, particularly given the prevalence of asymptomatic cases. As a result, though, it is difficult if not impossible to prove where, exactly, you were exposed to the virus. Though you may be personally convinced the unmasked cashier gave you the virus, the burden of proof necessary to win a lawsuit would likely be too steep in your situation.  Additionally, given the current legislative climate in Ohio, most places of business are immune to lawsuits for incidental infections with the virus. Though the cashier was not following all guidelines and protocols to prevent the virus’ spread, it is unlikely you’ll be successful in any attempt to sue the store for the cashier’s negligence.

If, however, you were infected in a manner that can be affirmatively proven in some way, you could have a case if gross negligence can be shown.  Though this would require certain specific facts, if you believe someone knowingly had the virus and did not take necessary precautions to prevent its spread, you may have a case. If you think this may describe your situation, an experienced personal injury attorney can help you evaluate every detail of your case and help you determine what the right course of action may be.

Q: I was in an auto accident a few months back and now I’m trying to settle with the insurance company. How much should I expect to get?

A: It can feel like a long and drawn-out process to reach a settlement for your injuries following an auto accident. After finally working through all the medical treatment you need and getting your life somewhat back to normal, finally being compensated for your injuries should provide relief. Often though, the first offer from the insurance company likely doesn’t feel like it adequately compensates you for everything you had to go through because of the accident.  It can, however, be difficult to know exactly how much makes sense as a settlement for a claim. Insurance companies, as their guiding principle, always seek to settle claims for as little as possible.  Conversely, you surely want as much as you deserve and don’t want to accept less than full compensation.

An experienced accident attorney, however, can help you make sure you receive as much as you deserve from the accident. If you were in an accident and you don’t feel like you’re getting a fair offer from the insurance company, an experienced attorney can evaluate your case, negotiate with the insurance company, and make sure you get everything you’re due. If the insurance company simply won’t offer you as much as you deserve, an attorney can file a lawsuit to make sure you get the right result from your case. Much of the time, it’s not possible to get the maximum amount from your accident without an attorney, and sometimes that requires a lawsuit. If you were in an accident and want to make sure you get a fair settlement, you should contact an experienced auto accident attorney as soon as possible.

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Headshot of Zachary Belcher, Intake Attorney at Nurenberg, Paris, Heller & McCarthyZachary Belcher joined Nurenberg, Paris, Heller & McCarthy and ensures that every individual who contacts the firm receives outstanding service and support throughout the intake process.

Zack graduated from Cleveland-Marshall College of Law in 2015 and has handled more than 500 injury cases for clients injured in automobile accidents. He understands the stressful and life-altering situations clients face before seeking a personal injury attorney.

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At Nurenberg, Paris, Heller & McCarthy, we know that over 90 years of success does not come without hard work. We are committed to building resources so that we can achieve the best possible results for clients like you. Put ours to work for you—call our Cleveland personal injury attorney at (216) 230-6382 or complete a free initial consultation form today.

 

 

 

 

 

 

 

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