If I have an injury case that has nothing to do with COVID-19, what does the shutdown mean for my case? That's a really important question.
It seems the COVID-19 pandemic has sucked all the air out of the room, virtually eliminating any real conversations about the effect across the justice system on cases that are still waiting on justice.
Here's the rundown. For the time being, jury trials are shut down. If you have a case that needs to go to a jury trial and it was scheduled to take place now, it will be delayed. Jury trials set for this summer will probably be delayed. Judges in civil court are still hearing cases-- but only on essential matters. They are asking attorneys to postpone hearings on anything not urgent.
Workers' compensation administrative hearings are still going forward, however. These hearings (through the Texas Department of Insurance, not the civil court system) are being held by Zoom or by telephone as participants' technology allows. That means if the employee has the ability (tech-wise) to participate by video, it will be by video (assuming the attorney for the insurance also has this capability, which is not a given). If the employee (or lawyer) does not, it will be by audio/phone only.
Judges are still issuing rulings for the payment of benefits, so claimants before the TDI-DWC are in a better position than plaintiffs in civil court.
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