Colfax Car Accident Injury Attorneys

Unexpected accidents and injuries can alter lives. During these challenging times, car accident injury lawyers are essential allies. They support those harmed by others' negligence, ensuring fair compensation. This article highlights the important function these lawyers serve in guiding individuals through their claims and rebuilding their lives.

Do I Still Have A Car Accident Injury Case If I Wasn’t Wearing A Seatbelt?

The short answer is yes, you still have a case. However, Iowa law requires all front-seat occupants to wear a seatbelt, and anyone under the age of 18 (who is not in a car seat) to wear a seatbelt in both the front and back of a vehicle. Iowa has a system called comparative fault. In 2018, the Iowa legislature passed a new law (Iowa Code Section 321.445) increasing the percentage of fault you can be found from 5% to 25% for failing to wear a seatbelt when required to do so by law.

Why is This Important?

For every percentage of fault you are found by a judge or jury, your damages are reduced accordingly. For example, if you are the driver or front-seat passenger not wearing a seatbelt during a car crash caused by someone else and your total damages are $100,000, and you are found to be 25% at fault, then you are only allowed to recover $75,000 because your damages were reduced by 25% ($100,000 x 25% = $25,000).

Insurance companies will also argue that you can be found comparatively at fault for failing to wear a seatbelt in the back seat even though it is not illegal. While there is no conclusive case on this issue, district courts have gone both ways.

Sometimes, the judge will require the defendants and their insurance company to submit medical evidence in court, usually consisting of a doctor or other expert testifying about how your injuries would have been less severe if you were wearing a seatbelt. Several studies can support their position. Additionally, if the jury knows that you were not wearing your seatbelt, they may be more critical of you and provide you with less compensation overall in addition to finding you partially at fault.

Good Reasons to Always Wear a Seatbelt

1. Prevention of Ejection: Statistics show that wearing a seatbelt should prevent you from being ejected in a car crash, which is among the leading causes of death.
2. Reduced Severity of Injuries: Scientific data shows that overall injuries are less severe in a car crash when a person is wearing a seatbelt.
3. Damages Reduction: Your damages may be reduced because of your fault for not wearing a seatbelt.
4. Legal and Financial Consequences: If you are over 18 and riding in the front seat, you will end up with a ticket and fine to pay.

How is Fault Determined in a Car Accident?

Determining fault in a car accident involves investigating the crash, gathering evidence, and sometimes relying on expert testimony. Each party's actions leading up to the accident are scrutinized to establish negligence or fault. Comparative fault principles may apply, reducing the compensation based on the degree of each party's fault.

Do You Deserve More Compensation After Your Injury?

Understanding your rights and the compensation you deserve can be complex. Consulting with an experienced attorney can help ensure you receive fair compensation for your injuries and damages.

How Does Spondylolisthesis Affect My Car Accident Settlement?

Spondylolisthesis is a condition of the spine where one or more vertebrae in your back slides forward over the vertebrae below it. This condition can cause back pain, sciatica due to nerve compression (which can cause pain and/or numbness in one or more of your legs), and other more serious conditions. Treatment can include physical therapy, injections, surgery, and activity restrictions, among other things. Often, people live with spondylolisthesis their entire lives with no symptoms until they experience a traumatic event like a car accident. However, insurance companies will try to blame anything and everything they can on a prior medical condition. So, if they see in your medical records that you have been diagnosed with spondylolisthesis, chances are they will try to blame your current problems on it.

What Can I Do if I Have Spondylolisthesis?

Under Iowa law, a person injured in a car crash is entitled to recover damages for an injury that aggravates a prior condition like spondylolisthesis. If your medical records show no history of prior back problems until after a crash and your doctors provide opinions that your current back pain is due to the car accident, then you should be able to recover for the condition. However, this does not mean the insurance company will recognize and agree with your doctors. They may still take the position that they are not going to pay for more than a few weeks of treatment following the car crash because of your pre-existing spondylolisthesis. If you do not believe that the insurance company is offering you a fair amount of compensation, then you should contact an experienced Iowa personal injury attorney for assistance.

Shoulder Decompression After Iowa Car Accident

You might need shoulder decompression surgery if you injured your shoulder in a car accident. Shoulder decompression surgery, usually called subacromial decompression, treats nerve impingement syndrome that results from a shoulder injury. Many of these procedures are performed arthroscopically (with small incisions and using an arthroscope) rather than via open procedures, minimizing recovery time.

How Arthroscopic Shoulder Decompression Surgery Works

Shoulder decompression surgery requires two very small incisions in the shoulder, one at the deltoid joint and one directly above the rotator cuff. The surgeon uses an arthroscope to inspect and examine the tissues and injury. The surgeon will then use the tool to remove and smooth bone and soft tissue causing the impingement and inflammation.

Recovery Time for Arthroscopic Shoulder Decompression

According to the American Academy of Orthopaedic Surgeons (AAOS), after surgery, the arm will be placed in a sling. Once you are able, you will remove the sling and may begin exercises and rehabilitation to regain full mobility and function. You may achieve full pain relief after two to four months, though some patients may require up to a year.

Recovering Compensation for Surgery After a Car Wreck

Any surgery can be expensive, and patients may miss work as they undergo the procedure and recover from it. Further, the pain and discomfort may limit the patient’s ability to work, especially in jobs requiring use of the shoulder. Accident victims who suffer shoulder injuries and require surgery like decompression surgery have options to recover compensation. Under Iowa law, if another motorist caused your accident, you may recover compensation from their liability policy. You may recover damages to pay for medical bills, replace lost wages or reduced earning capacity, and cover pain and suffering. Hire a car accident lawyer to help you quantify and pursue damages.

Seeking Legal Assistance

Seeking legal counsel from experienced Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.

Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.

That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.