Asheville Personal Injury Lawyer › How will the Coronavirus Crisis affect my Personal Injury Case?

FAQ: How will the Coronavirus Crisis affect my Personal Injury Case? 

Q&A Guide for Current & Prospective Clients 

We prepared this guide to help answer the common concerns that we are hearing right now from our past, current and prospective clients during this unprecedented time. If you have a specific question you would like answered, don’t hesitate to reach out to us.  

Q. How are you handling current cases?

A: We are continuing to work hard on our client cases during the government shutdown.  We had the technology put in place long before the current crisis to keep working on our current client’s cases including paperless files, internet/web-based office phones, video conferencing, E-fax, and  DocuSign. Even with many local and state courts closed, we continue the following activities:

• Filing lawsuits
• Legal research
• Case review and investigation
• Video depositions and hearings where allowed
• Request and receive medical records from medical providers
• Prepare and send out settlement demands
• Negotiate and settle cases with insurance carriers
• And more

Q: I am still under the care of a doctor and I need additional medical care (therapy, diagnostics, surgery) but I have been told that my treatment is being delayed because of Coronavirus. Will this hurt my case?

A: No. Having your treatments rescheduled/delayed by your doctor because of Coronavirus will not be held against you.  That being said, it is imperative to understand that treatments delayed by your doctor are different than you delaying your own treatment. You should continue to follow your doctor’s orders and attend treatments and appointments as directed. 

Q: I heard I should avoid hospitals, emergency rooms, and urgent care facilities for non-emergencies. Should I continue treatment if I have an ongoing case? 

A: See the answer directly above.  It is important that you continue to follow the orders of your doctors. Most offices have special procedures to protect patients from being scheduled with other patients that are sick or showing signs of having a contagious illness.  You should attend your doctor appointments and address your concerns related to this issue with your doctor. 

Q. Is there anything else I can do to help move my case forward? 

A: We will all be relying more on emails, telephone calls and other forms of communications in the weeks ahead. We will try all means to contact you if there is an urgent response that is needed in your case. Please keep an eye on your emails and check messages on a regular basis.  You may email or contact your case manager for more information. 

Q: What happens if I contract COVID-19 (or any other illnesses) while receiving treatment for my ongoing case?

A: If you are ill from Coronavirus or any other illness that occurs while you are treating for your accident-related injuries, please discuss your medical care with ALL of your doctors.  If you are too ill to attend your physical therapy, orthopedic or chiropractic appointments please contact your doctor to let them know so they can address the issue. Also, if you think you are ill but have not been diagnosed, call your doctor before attending any appointments as they may want to reschedule you until you are well. 

Q: Can I file for Workers’ Compensation if I got injured working from home amidst the COVID-19 Crisis?

A: In general, workers’ compensation must accept claims for employee injuries or illnesses that arise out of and in the scope of employment, no matter where they occur. However, it can be difficult to prove a work injury if it occurs outside of the office.  There are strict guidelines that govern workers’ comp claims, so it is a good idea to speak to an experienced injury lawyer if you are injured while working. 

Q: North Carolina has declared a State of Emergency. Does this affect my insurance if I get into a car wreck?

A: No. You are still required to have insurance for your vehicle.  Do not get on the road without having at least the state-required minimum coverage. 

Q: If I contract COVID-19 through the course and scope of my employment, does that count as a Workers’ Compensation claim?

A: The answer is not clear at this time. If you are claiming a work-related illness you will generally be required to prove that your illness occurred due to your work activity. However, because of the number of people potentially affected by Coronavirus, it is possible that laws could be passed to protect people such as medical providers and first-responders that contracted Corona-Virus through their work.

Q: Can I still hire a lawyer for my recent car accident or other injury cases with so many businesses and courts being closed?

A: Yes.  Lawyers have been declared an essential business and our office is operating under our regular business hours and we are hard at work for all of our clients. We can speak to you about your case during a free case evaluation that takes place on the phone or via a video conference. If you decide that you want to hire us, we can do all from the comfort of your home using your computer or cellphone via email, e-fax or DocuSign and we can start working on your case immediately. If that does not work for you, we can use Federal Express. 

Q: Why can’t I just wait until after all of this is over to build my injury case?

A: You can, but no experienced personal injury law firm (including our firm or our colleagues) would recommend that game plan. The insurance company is not closed and they are already working to find information (calling you, writing to you, etc.) that could be used to devalue your injury claim. After an accident, it is imperative that you get timely medical care and put together a plan for dealing with your injury case. Even if you don’t call us, please make sure that you call an experienced personal injury law firm now, don’t wait! 

Over 25 Years of Helping Carolinas’ Injured

Auger & Auger Law Firm has been protecting the rights of injured North and South Carolinians for over 25 years. While we have thankfully never had to live and work during such an unprecedented and rapidly changing time, we are doing our best to adapt and make all of the necessary changes to efficiently support our team so that we can continue to work hard for our clients. Our office in Asheville is currently staffed with management and the bulk of our team is working remotely. All necessary meetings with current clients are being attended through phone and/or video conferencing. A technologically friendly law firm, we have been working with new and prospective clients using teleconferencing and email for almost a decade. While this new way of life is challenging and unsettling, we remain focused on being a resource for the communities that we serve. If we can be of any assistance to you, please contact us at 828-222-7649. Our phones are always answered 24/7. We appreciate your consideration and we wish you safety and good health.