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Life can be suddenly disrupted by accidents and injuries. In such tough times, personal injury lawyers are indispensable. They focus on representing those harmed by negligence, ensuring they get the compensation they deserve. This article highlights the vital role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

When you’ve been seriously injured in a car accident, establishing negligence is crucial if you plan on pursuing compensation. Iowa car accident lawyers can evaluate your case to determine if it’s a valid claim and if you may be eligible to seek damages.

Comparative Negligence in Iowa Car Accident Claims

The state of Iowa follows the modified comparative fault – 51% rule regarding negligence in car accident cases. This rule means that to file a claim against the other driver, your fault must be 50% or less. If your responsibility for the accident is found to be 51% or higher, you cannot recover damages.

However, even if you’re at fault for less than 51%, the number of damages you’re entitled to may be reduced. For instance, if you were involved in an accident on Interstate 235 where the other driver made an unsafe lane change but it was also found that you were speeding, this could be factored into your case and potentially reduce your claim.

Common Tactics and Defenses Used by Insurance Adjusters in Personal Injury Cases

A personal injury lawyer is well-versed in the tactics used by insurance adjusters to deny, discredit, or delay your personal injury claim. Here are some common tactics used and defenses you can employ:

Common Insurance Adjuster Tactics

1. Getting Permission to Access Your Medical Records:
   - Granting the insurer access to your medical records may seem justified, but it can be a tactic to undermine your claim. The adjuster can access your entire medical history, not just records related to the accident, looking for any detail to minimize your claim.

2. Offering a Quick, Low-Ball Offer:
   - Adjusters may offer a small settlement shortly after the accident, understanding you might be desperate for compensation. This settlement often comes with a full release, meaning if your condition worsens, you cannot seek additional compensation.

3. Placing You Under Surveillance:
   - Adjusters may try to catch you performing daily tasks to damage your claim. Surveillance footage can be used to make you appear healthier than you are, potentially leading to accusations of insurance fraud.

4. Discouraging You from Hiring a Lawyer:
   - Adjusters may try to persuade you not to seek legal counsel, promising fairness in dealing with your claim. They know that an attorney can thwart their tactics.

Protecting Yourself from Shady Insurance Adjuster Tactics

Being aware of your rights and educating yourself can help you navigate the personal injury claims process. If your insurance adjuster:

- Denies your claim outright or misinforms you about your coverage:
  - Evaluate your original insurance policy agreement. Insist on having the policy submitted to you in writing if the adjuster refuses.

- Asks you to authorize the release of your medical records:
  - You have the right to refuse. Only medical documents pertaining to the accident should be provided once you initiate the claim.

- Places you under surveillance:
  - Assume you are being observed. Follow your doctor’s advice and avoid completing daily tasks without assistance.

- Offers you a low settlement:
  - Don’t be tempted to take a quick payment. Ensure the amount covers your total costs before negotiating. Consult a lawyer before signing any agreements.

Filing a Bike Accident Claim to Recover Damages for Your Injuries

A bicycle accident claim, filed with an insurance company, can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, you’ll need to review how to recover compensation.

Determining Fault in a Bike Accident Claim

Determining fault will significantly impact how you file your claim. If you caused the accident, you should file your claim with your car insurance company. If the other driver caused the accident, file a claim with their insurance company.

Even if you were on your bike, your car insurance policy might provide you coverage. Uninsured or underinsured motorist coverage or medical payments coverage can help get you compensation. Knowing the specifics of your policy is crucial when filing a bicycle accident claim.

Seeking Medical Help and Filing a Claim for Bodily Injury Damage

After a bicycle accident, the first step is seeking medical attention. This is critical for your well-being and necessary for determining the compensation amount you’ll need. If the other driver was even partially at fault, file your bodily injury claim with their insurance company.

Documenting All Medical Treatment

You must document all treatments received after the accident. Keep notes on:

- Initial date of your injury
- Date you first received treatment
- How the injury occurred
- Prognosis issued by your doctor
- Estimated length of treatment
- Any medications or surgeries
- Dates of all appointments related to the accident

Filing Your Claim

Once you’ve documented your treatments and sought medical care, file your claim as early as possible. Your insurance agent should guide you through the process. Always be truthful when filing a claim and don’t sign anything without an attorney present.

Proving the Fault of the Other Driver

Proving the other driver’s fault can be challenging. If the insurance company believes you were partially to blame, they may try to deny coverage or reduce your compensation. Gather and document all evidence related to the accident. Witness testimony can be essential.

Fault is based on negligence—failure to act reasonably. Speeding, drinking while driving, failure to yield, and aggression are examples of negligence that can help prove the other driver’s fault.

Negotiating a Settlement Amount

After submitting your claim, the insurance company will offer a settlement amount. Never accept the first offer. It’s likely lower than you deserve. Often, you can recover a more appropriate compensation amount through negotiations.

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.