The COVID-19 pandemic disrupted nearly every aspect of daily life, and the legal system was no exception. Courts across the country closed, hearings were postponed indefinitely, and personal injury cases that were already moving slowly ground to a near halt. For plaintiffs waiting on settlements to cover medical bills, lost wages, and everyday expenses, the delays added a new layer of financial stress to an already difficult situation.
Understanding how the pandemic affected personal injury litigation and what options are available can help plaintiffs navigate this challenging period more effectively.
Key Takeaways
- Court closures and reduced operations caused significant delays in personal injury case timelines.
- Many jurisdictions shifted to virtual hearings, which created both opportunities and limitations.
- Insurance companies used pandemic-related delays to further pressure plaintiffs into accepting lowball settlements.
- Pre-settlement funding became even more critical for plaintiffs facing extended wait times.
- Cases filed during this period may face longer timelines but are still worth pursuing.
How the Pandemic Affected Courts
When COVID-19 forced lockdowns in early 2020, courts throughout the country suspended operations or shifted to extremely limited schedules. Jury trials were postponed because gathering twelve jurors in a courtroom posed obvious health risks. Depositions, mediations, and settlement conferences were delayed or moved to virtual formats.
The impact varied by jurisdiction. Some courts adapted relatively quickly by implementing virtual hearing technology. Others struggled with limited resources and were slow to resume normal operations. In either case, the backlog of cases grew substantially, and that backlog continues to affect case timelines.
For personal injury plaintiffs, this meant that cases already in the litigation pipeline were pushed back by months or even years. New cases filed during the pandemic faced even longer waits as they entered a system already operating at reduced capacity.
The Shift to Virtual Proceedings
One lasting change from the pandemic was the adoption of virtual technology in legal proceedings. Depositions conducted over video conferencing became commonplace. Mediations and settlement conferences moved online. Some courts even experimented with virtual bench trials.
Virtual proceedings offered convenience and reduced some logistical barriers, but they also presented challenges. Video depositions can miss the nuances of in-person testimony. Virtual mediations may lack the pressure and momentum that comes from having all parties in the same room. And for cases that require jury trials, virtual options remain limited and controversial.
Despite these limitations, virtual proceedings helped keep cases moving during a time when in-person meetings were impossible. Many courts have retained virtual options as a permanent feature, which can benefit plaintiffs in cases where travel or scheduling is difficult.
Insurance Companies and Pandemic Leverage
Insurance companies were quick to use pandemic-related delays to their advantage. With courts closed and trial dates indefinitely postponed, insurers had even less incentive to offer fair settlements. The typical leverage that comes from an approaching trial date disappeared, giving insurance companies the upper hand in negotiations.
At the same time, plaintiffs' financial situations were often worsening. Many had lost jobs or faced reduced hours due to the economic downturn. Medical bills continued to arrive, and the combination of injury-related expenses and pandemic-related financial hardship created extreme pressure to accept [lowball settlement offers](/blog/avoid-lowball-settlements).
This dynamic made it more important than ever for plaintiffs to have financial options that did not depend on a quick resolution of their case.
The Growing Importance of Pre-Settlement Funding
For many plaintiffs, pre-settlement funding became a critical lifeline during the pandemic. With case timelines extended by months or years, the financial gap between the injury and the settlement grew wider. Plaintiffs who might have been able to wait six months for a settlement found themselves facing waits of 18 months or longer.
Frontier Legal Funding saw firsthand how the pandemic amplified the financial pressures that personal injury plaintiffs face. [Pre-settlement funding](/blog/pros-and-cons-pre-settlement-funding) provided a way for plaintiffs to cover essential expenses, maintain their households, and avoid the desperation that leads to premature settlements.
Because pre-settlement funding is non-recourse, the extended timeline did not create additional personal risk for plaintiffs. If a case was ultimately unsuccessful, the plaintiff owed nothing regardless of how long the process took.
Statute of Limitations Considerations
Many states issued emergency orders that tolled or extended statutes of limitations during the early months of the pandemic. This meant that the clock on filing deadlines was temporarily paused to account for court closures.
However, those tolling periods have expired in most jurisdictions. If you were injured before or during the pandemic and have not yet filed a claim, it is critical to verify the applicable deadline in your state. In [New York](/blog/new-york-personal-injury-laws), the standard three-year statute of limitations applies, and any pandemic-related extensions that were in place have concluded.
Consulting with an attorney promptly can help ensure that your filing deadline has not passed.
Medical Treatment Disruptions
The pandemic also affected plaintiffs' medical treatment. Many medical offices closed or limited operations during lockdown periods. Elective surgeries and non-emergency procedures were postponed. Physical therapy sessions were interrupted or moved to telehealth formats.
These disruptions can affect case value. Gaps in medical treatment give insurance companies ammunition to argue that injuries were not serious or that the plaintiff failed to mitigate their damages. If your treatment was disrupted by the pandemic, document the reasons thoroughly and resume treatment as soon as it becomes available.
Moving Forward
The pandemic's impact on personal injury litigation is gradually subsiding as courts resume full operations and work through their backlogs. However, the effects will be felt for years in terms of case timelines, court congestion, and the financial burden on plaintiffs.
If your personal injury case has been delayed by the pandemic, stay in communication with your attorney, continue your medical treatment, and explore financial options that can help you weather the extended timeline.
For more information about pre-settlement funding during this period, visit [frontierlegalfunding.com](https://frontierlegalfunding.com) or call (855) 385-FUND to discuss your situation.