Many people are concerned about the government’s actions when it comes to the pandemic. Some people feel that more strict measures are needed to protect the population from the COVID-19 pandemic. Others feel that mandates to stay-at-home or to close businesses effectively endanger their livelihood and their rights. Both sides have been suggesting lawsuits again against the government in Homestead and beyond.
Whether you feel the government has too slow in promoting safety or if you feel your business collapsed due to harsh measures, you may wonder whether you have a claim against the municipal or state or federal government. You may also be considering all your legal options if you have been personally affected.
Do You Have a COVID-19 Claim in Homestead or Your Community?
While lawsuits against governments are possible, they are very challenging. Governments, including agencies at the municipal, state, and federal levels enjoy certain immunities and protections from liability. In addition, as you likely expect, the attorneys and legal representation for the states and for other governments are significant.
There is also another challenge with pursuing a claim against authorities in this case: in a pandemic situation it is a challenge to prove that a government’s actions or lack of actions led to a specific instance or even a specific outbreak. Since these are unusual situations, one potentially effective defense may be for governments to allege that they did everything they could, given the exceptional circumstances.
Who Are the Liable Parties?
While in many cases claims against the government are unlikely in the COVID-19 case, it does not mean you have no recourse if you have suffered injury due to the outbreak. If you are an essential worker in a higher-risk position, for example, you may have a chance to file a claim. If someone has assaulted you by coughing or spitting at you and you contracted the virus, you may be able to file a claim against the assailant. There may be other options, too, depending on your situation.
Your insurance carriers are also a potential way to secure compensation for your losses. If your business is covered but or if you have medical coverage or other insurance but your carrier is not covering costs you feel they should, you may want to contact and attorney. If your insurer is acting in bad faith, you may have a claim against them.
If you have suffered financial and personal damages and losses due to the pandemic and believe someone else, there may be other liable parties and there may be other legal options available to you. To find out, contact a premises liability attorney or a personal injury attorney. You can do so by contacting Flaxman Law Group at 1-866-352-9626 (1-866-FLAXMAN) for a free consultation.
Flaxman Law Group has offices in Miami, Homestead, and Hollywood to serve you better and during this time we can offer secure online, virtual, and phone consultations to ensure your safety. Our legal team has more than six decades of combined experience and we would be pleased to speak with you about your potential case.