Will The Election Result Certification Affect My Personal Injury Lawsuit?

Election results have been certified in 20 states up until today. The results in 30 states are still pending. These 30 states include critical swing states that Trump needs in order to retain the presidency for another term. Right now, it looks like his administration’s lawsuits are aimed at slowing down the certification process so that the day when all states must be certified on December 8, 2020. What happens if he succeeds? Probably nothing. But who ends up in office might change the pace at which your personal injury lawsuit moves forward.

Why?

Lawsuits really have nothing to do with politics in general, which is why the president in office won’t really change anything about your case. But right now, coronavirus is still placing a huge burden on many workers around the country — and the incoming president, Joe Biden, will have a lot of say in how to change policies regarding the U.S. approach to slowing down or containing the virus.

For example, Biden could choose to shut down the country for another couple weeks to wipe out the virus completely (although that wouldn’t actually work). Biden has strongly said that he would not consider this action. But suppose he reversed course and shut down the country anyway. That would ensure that all pending lawsuits and court cases are put on hold until the two weeks elapsed. And during this time, new cases would pile up. By the time the lockdown ended, old cases would be delayed more than just the two weeks.

There have already been large delays for those seeking personal injury judgments. There is good news mixed with the bad, though. Those who have been waiting a long time may have noticed that the statute of limitations on their cases is about to expire. Worry not: these are the products of state laws, and most are being extended to give victims a fair chance to seek compensation even during this pandemic.

Some personal injury proceedings will be allowed to take place remotely (more than there are now). One of the downsides of delays on remote communication is the likelihood that a victim takes the low-ball offer instead of waiting for the settlement amount to increase. Cases are much less likely to go to trial now than they were a year ago. That’s because people need quick cash, having lost their jobs for no good reason.

Certain states with large, liberal-leaning cities — like New York City, New York or Los Angeles, California, or even Chicago, Illinois — won’t have a large impact regardless of when their election results are certified. There’s really no chance of these results being overturned. Trump hopes to focus his efforts on states like Georgia, Pennsylvania, and several rust belt states that were closely decided in Biden’s favor.

Donald Trump has mismanaged the pandemic from the beginning — which has adversely affected our personal injury cases — and we can only hope a President Joe Biden will do better.

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