The entire nation has been rattled by the spread of the coronavirus COVID-19 as the pandemic has forced states to respond with changes in how governance is run. These changes have affected everyone as businesses, workers, and even attorneys have been compelled to work through stricter guidelines in attempt to reduce the amount of infected individuals and limit the overall exposure to the novel disease. Even though California personal injury attorneys have been forced to work from home and maintain social distancing, it's important they continue to stay hard at work for their clients.

Adapting to these new measures has not been an easy task. On March 19, 2020, California Governor Gavin Newsom issued a Stay at Home Order asking residents to remain home unless they have been deemed an essential employee (government officials, healthcare workers, food industry employees, etc.) or to acquire essential items for their homes and families. For the vast majority of people, continuing to travel to work is not an option while the state fights off this virus.

The effects of this order cannot be understated. Residents are forced to take on new financial burdens without a steady income as well as attempt to balance the effects of the negative news and lack of freedom on their mental health. There have been numerous impacts on the personal injury field as attorneys and clients alike have been uniquely affected while attempting to navigate their cases during this pandemic.

Clients are rightfully concerned about seeking medical treatment for their injuries in the age of social distancing. They are also wondering whether insurance companies will still pay insurance claims. First and foremost, California insurance companies are still paying liability and health insurance claims during this crisis. Under California Insurance Code §790.03, insurance agencies must still investigate, process, and pay insurance claims. The state government has informed insurance companies that this statute still applies during the ongoing pandemic in a notice issued on March 18, 2020. Clients should not fear that their health insurance might not be processing their claims.

During these uncertain times, it can seem daunting for personal injury plaintiffs to visit their doctors and medical facilities. Clients are reasonably fearful of the spread of the contamination, especially at healthcare facilities. Even more troublesome is that clients often need to be treated by specialty doctors that are located far from their homes, sometimes even out of state. Despite the fears, it is essential that clients continue to maintain close medical monitoring with their doctors.

Thankfully many health care providers are turning to telemedicine to continue treatment with their patients. Telemedicine involves the use of electronic communications and software to provide clinical services to patients without an in-person visit. This protects the client from exposure and ensures that the client gets treatment. It is important that personal injury attorneys help relay this information to their clients who may be hesitant to seek care from their doctors, data from which could be an integral part of their case.

Maintaining strong medical records is a perquisite for a good personal injury case. While clients may not be able to see their doctors as they would under normal circumstances, they can help their own case by managing their own medical information. By keeping a dated journal with exact dates of diagnoses, changes or worsening of symptoms, or fluctuations of health whether better or worse, can help provide a strong foundation for personal injury cases. This is especially important in cases where clients' doctors are unavailable, especially for cases involving pulmonary related diseases such as mesothelioma, as many doctors have had their efforts enlisted to help combat COVID-19.

Though many clients fear the notion of going to the doctor's office, it is important they continue to seek the medical help, testing, and monitoring that they need for the betterment of their health and the strength of their case. Personal injury attorneys should find solutions for their clients to obtain medical care through Telemedicine.

Its no secret Americans are facing dubious economic circumstances. Millions of people have filed for unemployment after being laid off their jobs due to the conditions created by the crisis. People are struggling with paying for groceries and necessities while keeping their recurring bills in check. They are concerned, anxious, and unsure of what their next financial steps will be. Insurance companies and personal injury defendants are well aware of people's desperation and will not be afraid to capitalize on their fear in settlement negotiations.

Insurance companies know that there is a higher chance of personal injury plaintiffs accepting less than desirable settlements amidst the current chaos. Since people are distressed and anguished, especially financially, they will be more likely to accept a settlement offer that is less than reasonable under normal circumstances rather than waiting for a fair offer. It is imperative for personal injury attorneys to advise and encourage clients to remain resolute. Though any offer may seem tempting due to the current uncertainties, it is important for clients to view their situation as it would be under normal circumstances. Attorneys should ensure that they do not fall victim to weak offers and protect their client's best interests by trying to get them fair compensation for their personal injury cases.

Courthouses throughout California have largely closed their doors to the general public, only allowing essential workers in. Though the wheels of justice often move slowly, the encompassing pandemic has largely grinded them to a halt. Unfortunately, this has created delays for legal proceedings and can prove to be harmful for personal injury cases which are often time sensitive and rely on a trial date. Courts are allowing video conferencing under limited circumstances, so attorneys should remain in contact with their respective judges and courts to see if they are willing to allow such an alternative. As video conferencing is only allowed in limited capacity, most cases will be delayed through the next two months and possibly longer depending on how the situation progresses. Attorneys should maintain updated records and keep track of their cases as most of them are moved into the summer.

Though there has been an update on allowing video conferencing to conduct court proceedings for some civil cases, these proceedings generally do not involve civil personal injury cases. Courthouses have allowed online filing of cases. This is especially important to note for personal injury attorneys as they are often fighting short statute of limitations for their cases. Attorneys should advise potential clients that their case can still be filed in time and that they should not hesitate to act, even if there will be no proceedings or action on their case for several months.

While courtrooms remain closed, law firms are generally open with counsel and staff working remotely. Cases can and should move forward. Written discovery and remote depositions are proceeding. Settlement conferences can be conducted through video conferencing.

Clearly, this is an unprecedented time and many people are unsure on how to proceed. Attorneys have the responsibility to not abandon their cases and clients. They also have the responsibility to maintain contact with their clients and advise them to continue as best they can. That means clients should attempt to the best of their abilities to continue their medical care and monitoring, while attorneys continue filing and building their legal cases and arguments.

Unfortunately, the effects of COVID-19 have left the economy in a precarious state. It is unclear just how much the virus has affected the economy, but with record numbers of unemployment and dramatic crashes of stock prices, it has and will continue to leave its mark. As we enter this unpredictable state, it is important for personal injury attorneys to keep several things in mind.

Because of the simple economics of insurance, there will undoubtedly be an increase of uninsured drivers soon as they struggle to afford premiums. As with other aspects of this message, attorneys should continue to advise their clients to try to keep their lives as close to normal circumstances, including maintaining their auto insurance and Uninsured/Underinsured Motorist Coverage.

It is important for attorneys to emphasize to their clients and potential clients that California does allow for the ability to claim damages after a car accident, even if the motorist does not have insurance. Victims of car accidents will be able to take legal action to receive compensation for medical bills and other tangible damages, but not general damages unless the uninsured motorists satisfies their financial responsibility with the State. Some uninsured drivers might be unaware of this capability, so it is important to keep clients informed on their rights to compensation.

If the economy continues to fall into a recession, less drivers will have fully covered liability insurance or insurance at all. This will make recovery difficult for many personal injury plaintiffs as there will not be a third party that can cover the total damages. Despite this, a case can and should still move forward so at least some sort of compensation can be obtained for injuries received. If a personal injury attorney finds themselves in a situation with an uninsured driver, it might also be possible to involve a third party, namely an employer, in a potential suit. Accidents that occur involving drivers working for share-driving corporations like Uber or Lyft, as well as truck or bus drivers that were on the road for their companies, can lead to employers being vicariously liable. Another aspect to keep in mind is if there were conditions on the road itself, like cracks in the road, as this can play a role for whom a court finds liable for the damages occurred.

While on the topic, it is helpful for personal injury attorneys to advise their clients on how to act if they fall victim to a car accident while the pandemic is ongoing. In many parts of California, police officers have limited their availability for non-urgent situations, with some counties limiting their responses to emergency situations only. Normally, drivers would want to get a police report before leaving the scene as it an essential aspect of any potential personal injury case as well as insurance claims. If clients are unable to receive police help, they should take as many notes as possible detailing the situation as well as photographs of the accident. This could be useful as potential evidence in lieu of a prompt police report.

The country is living in a chaotic time filled with turmoil and anxiety, making it critical for personal injury attorneys to be prudent in anticipating future obstacles. It is important to maintain their own health, physical and mental, while helping their clients navigate these trying times. This pandemic will eventually pass, but its effects may remain on our society for the foreseeable future. In the face of this, personal injury attorneys should understand the ways the virus will affect the industry and be prepared to mitigate any potential effects.

Bill Karns is co-founder of Karns and Karns, a partner of The Law Center, a national network of top law firms with decades of experience in advocating for those who have suffered from personal injury, asbestos-related diseases, motor vehicle accidents and more. He is a member of the American Board of Trial Advocates (ABOTA), an Emeritus Board Member of the Consumer Attorneys Association of Los Angeles (CAALA), and a former Board Member of the Consumer Attorneys of California (CAOC).