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Life can be abruptly changed by accidents and injuries. During these difficult periods, personal injury lawyers are indispensable. They advocate for those harmed by negligence, helping them obtain fair compensation. This article examines the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.
Understanding Insurance Adjuster Tactics
When dealing with personal injury claims, insurance adjusters often employ various tactics to deny, discredit, or delay claims. Knowing these strategies and understanding how to counter them is crucial. Consulting an Iowa personal injury lawyer can provide invaluable advice on navigating these challenges.
Access to Medical Records
One common tactic is requesting access to your medical records. While it may seem reasonable, granting full access allows the adjuster to scrutinize your entire medical history, not just records related to the accident. This can include past conditions and treatments, which the insurer might use to undermine your claim by arguing that your injuries were pre-existing.
Quick, Low-Ball Offers
Adjusters often make quick, low-ball settlement offers, especially when they believe the claimant is desperate for compensation. Accepting such offers usually requires signing a full release, which waives your right to additional compensation if your medical condition worsens.
Surveillance
Insurance companies may place claimants under surveillance to catch them performing daily tasks. This out-of-context evidence can be used to argue that the injuries are not as severe as claimed, potentially initiating an insurance fraud investigation.
Discouraging Legal Representation
Adjusters may dissuade claimants from hiring lawyers, promising fair treatment. However, they know that legal counsel can effectively counter their tactics and negotiate better settlements.
Protecting Yourself from Insurance Adjuster Tactics
Awareness and education are your best defenses against these tactics. Here are some specific strategies to protect your rights:
- Denial of Claims: Carefully review your insurance policy if your claim is denied or if you're misinformed about coverage. Insist on receiving a written copy of the policy if you cannot locate yours.
- Medical Records: You have the right to refuse broad authorization for the release of your medical records. Only provide documents directly related to the accident.
- Surveillance Awareness: Assume you might be under surveillance. Follow your doctor's advice and avoid strenuous activities that could be misinterpreted.
- Settlement Offers: Do not accept quick settlement offers without consulting a lawyer. Ensure that any offer covers all your medical expenses and other damages.
Filing a Claim for a Head Injury from a Bike Accident
Bicyclists are at significant risk of head injuries in accidents with motor vehicles, especially without helmets. Here's a guide to understanding the claims process, determining liability, and pursuing compensation.
Determining Liability
In Iowa, the at-fault party is responsible for damages. Typically, the motor vehicle driver involved in the accident is liable. Proving liability involves gathering evidence such as:
- Police Reports: Official documentation of the accident.
- Physical Evidence: Items like broken bicycle parts.
- Witness Testimony: Statements from those who saw the accident.
Additionally, you'll need to prove that your head injury directly resulted from the accident.
Calculating Compensation
The insurance adjuster determines the settlement amount based on the extent of damages, which includes:
- Injury Severity: The nature and extent of your head injury.
- Medical Bills: Current and future medical expenses.
- Lost Income: Compensation for time off work or loss of earning capacity.
- Property Damage: Costs to repair or replace your bicycle.
If you were partially at fault, your compensation might be reduced. For example, riding without mandatory rear lights at night can be seen as contributory negligence.
Negotiating Settlements
If the offered settlement is insufficient, you have the right to negotiate or file a civil suit. Iowa law mandates filing claims within two years of the accident (Iowa Code section 614.1). Given the high costs associated with brain injuries, pursuing full compensation may necessitate legal action.
Iowa Bicycle Laws: Safety and Legal Compliance
Understanding Iowa's bicycle laws is essential for safety and legal compliance for both cyclists and motorists.
Key Laws for Cyclists
- Passing on the Left: Cyclists must pass vehicles on the left, moving back to the right lane safely.
- Riding with Traffic: Cyclists must ride in the same direction as traffic to avoid head-on collisions.
- Lighting Requirements: Bikes must have a front white light and a rear red light or reflector visible from at least 300 feet when riding in the dark.
- Stopping for School Buses: Cyclists must stop for school buses displaying stop signs or flashing lights.
- Hand and Arm Signals: Cyclists must use proper hand signals for turning and stopping.
- Reporting Accidents: All traffic crashes involving cyclists must be reported, and information must be exchanged with the other party.
We Are Here To Help
Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.
Free Book at No Cost
If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.
If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.