What to do if you have a car accident or personal injury case during Co-Vid19?

April 15, 2020 By Harding Associates

Co-Vid19 Legal Questions

FAQ: What should you do if you have been injured or in a car wreck during this time?

First of all, you should still seek medical treatment if you were just injured in a car wreck. If you have already done some treatment and do not continue to seek treatment, this could point to a gap in treatment that could potentially look bad in trial.

FAQ: What to do to avoid gaps in treatment if you can’t see your doctor/treatment provider right now?

1. Keep a journal of pain/treatment: it is important to have a detailed record of your pain levels and treatment.

2. Follow doctor’s orders on home treatment: stick to your doctor’s orders regarding at home stretching, weight lifting, etc.

3. Remind the doctor to put notes in the file about this gap period: next time you see your doctor, remind them to put your detailed recorded notes in your file to avoid it appearing as if there are any gaps in treatment.

FAQ: What happens if your case is set to go to trial right now?

First, talk to your attorney. Recently Colorado Chief Justice Nathan Coates issued a mandate stating that effective immediately, all Jury calls and state Courts are suspended with the exception of criminal trials facing imminent speedy deadlines. In addition to this, Governor Polis issued a mandatory stay at home order until at least April 26, 2020. However, you still need to be proactive if you have a case set for trial or if the Statute of Limitations is approaching. The standard Statute of Limitations in Colorado for a breach of contract is 3 years, an auto accident is 3 years, and a slip & fall is 2 years. Even with the stay, you must either settle your case before the Statute of Limitations or file a lawsuit before your Statute of Limitations runs.

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