Is There Legal Recourse for a Long COVID Diagnosis in NY?

COVID-19 caused a lot of harm during the peak of the pandemic, but there are still people suffering from a complication of this disease: long COVID. Long COVID is a chronic condition that some people develop after being infected with this respiratory illness, and it can seriously impact the lives of those affected.  

If you have long COVID and are struggling to manage your medical expenses or are no longer able to live your life as you used to, is there legal recourse available? Learn more about when a diagnosis for this illness could mean being able to file a personal injury claim.  

What Is Long COVID?

Long COVID refers to a long-term condition that occurs for at least three months after being infected with SARS-CoV-2. It can present with symptoms such as: 

• Brain fog
• Fatigue
• Trouble breathing
• Sleep problems
• Headaches
• Chest pain
• Coughing
• Fever
• Changes in taste or smell
• Anxiety or depression
• Constipation
• Diarrhea
• Joint or muscle pain
• Rashes

The symptoms can be severe enough to make working and going about your everyday tasks feel impossible. It’s often a disabling condition.  

Can You Sue After a Long COVID Diagnosis?

After receiving a long COVID diagnosis, there may be instances when you could hold other parties liable. One of these situations is if you contracted the illness at work because safety protocols weren’t respected. For example, if there were mask mandates but no one respected them, management could be liable for their negligence.  

Nursing homes were particularly hard-struck by COVID. If the facility’s owners or managers failed in their duty of care toward residents, and that led them to develop long COVID, it’s possible to begin a lawsuit claiming nursing home abuse or neglect.  

You may also have contracted COVID at a medical facility. If you visited a hospital or a clinic to receive care for another issue and you contracted COVID because of negligence on the part of healthcare teams and other staff, you might be able to file a medical malpractice claim.  

An example would be if someone caring for you failed to wash their hands after coming into contact with a COVID-positive patient.  

What Damages Can You Claim in These Cases?

If you file a lawsuit because you developed long COVID as a result of another party’s negligence, you can receive economic and non-economic damages.  

Economic Damages

Economic damages cover the financial losses you have suffered and will continue to experience in the future. Having long COVID means needing ongoing medical care. You could require hospital stays, rehabilitative care, and a variety of other treatments, the cost of which could easily add up to a small fortune. All of these expenses could be covered.  

You can receive lost wages, too. You may need to miss days or even weeks of work as you deal with the symptoms of this chronic condition.  

That means losing out on income you would have received. Economic damages can compensate you for the lost wages. If you can’t return to work in the same capacity or you can’t work at all, you can claim loss of earning potential.  

Non-Economic Damages

Not all of the losses you may sustain after developing long COVID are financial. The emotional and physical distress you can experience could seriously lower your quality of life. You may also not be able to do the things you once enjoyed.  

Non-economic damages can compensate you for these losses. Since there’s no price tag attached to these, the severity of the illness and how it impacts your life will influence the compensation you receive.  

How the Experienced Attorneys at Silberstein and Miklos Can Help

One of the most difficult aspects of long COVID is that it’s not easy to diagnose. There’s no test that can determine whether you have the illness, so it can be difficult to prove that you have suffered any losses. With an attorney, you will have a better chance of presenting clear evidence that you do have long COVID and that it has impacted your life.  

Your lawyer has contacts with medical professionals who can corroborate your claim that you are suffering from long COVID. They will have a clearer idea of what the condition looks like. Additionally, your attorney will know how to negotiate with insurance companies to fight for the compensation that you deserve.  

At Silberstein and Miklos, we represent people throughout New York who have developed long COVID after catching the original infection as a result of another party’s negligence. If you’re struggling, all you have to remember is to Ask4Sam. Contact our team to schedule a consultation.