- Cresco Car Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
Accidents and injuries can abruptly disrupt lives. During these challenging periods, car accident injury lawyers become vital allies. They fight for those hurt by others' negligence, ensuring just compensation. This piece highlights the crucial role these lawyers play in helping people manage their claims and restore normalcy.
Iowa Insurance Claims: Dos and Don'ts
After a serious personal injury accident, most people file an insurance claim. Before starting the claim, there are some important details to note that can help or harm it.
Six “Dos” that will Benefit an Iowa Insurance Claim
An insurance settlement depends on the strength of the insurance claim, so naturally, one will want to give the case every advantage possible. The following six tips may benefit a case:
1. Contact an attorney as soon as it is determined one will be filing an insurance claim. The sooner a lawyer is hired, the sooner the lawyer gets familiar with the claim. Following that, the lawyer should have it ready to go to negotiations or trial for a fair outcome.
2. Contact the insurance company to report the accident. If an accident goes unreported for too long it may lose integrity, and Iowa’s statute of limitations only allows for a lawsuit to be filed up to two years after the personal injury accident.
3. Collect any available evidence. Take pictures of the accident including injured victims, damaged property, and the weather conditions. In the case of a car accident, make sure the police were contacted to create a report and obtain the contact information for any witnesses.
4. Seek medical attention after a personal injury accident. Even if you feel fine after the accident, get a checkup. Injuries like whiplash can take a few days to manifest, so be checked shortly after the accident.
5. Keep records of all communication. Correspondence from the insurance company, healthcare providers, an employer, or any other entity related to the accident or treatment: start a file to keep it organized.
6. Follow doctors’ orders. Even if feeling better, continue to follow all of the doctors’ orders for medication, physical therapy, and follow-up appointments.
Six Things to Avoid to Prevent Damaging an Iowa Insurance Claim
Just as one should be concerned with things to do to help a claim, one also needs to pay attention to what actions can harm a personal injury accident claim. When involved in a claim, avoid these six actions:
1. Don’t talk to anyone about the accident until after speaking with an attorney. The insurance companies often try to get claimants to give a recorded statement immediately after reporting an accident. Their goal is to get victims to admit fault for their injuries or suggest that their damages were not as severe as they seem to be.
2. Don’t destroy any evidence related to the accident. Keep any damaged items, the clothing worn when the injury occurred, or the damaged vehicle.
3. Don’t talk too much about the accident on social media. Insurance companies may be able to see accounts and use postings as evidence in denying a claim. If posting a status update saying that “I’m feeling good today,” to reassure friends, the adjuster could use that as evidence that the injuries were not in fact severe.
4. Don’t delay going to a doctor for an evaluation. Even if feeling fine, injuries like whiplash don’t manifest immediately. If there is a delay in getting an exam and diagnosis from a doctor, the claimant may not be able to include future injuries in a claim.
5. Don’t sign any paperwork from the insurance company until it is reviewed by an attorney. If the insurance company asks the claimant to sign a medical release, they may have access to past medical history which may be used against an insurance claim.
6. Don’t accept the first settlement the insurance company offers. A personal injury accident claim may be worth much more than the initial offer, so it’s best to work with an attorney to estimate the full value of a claim before negotiating a fair settlement.
Can I Recover Damages for Depression After a Car Accident?
In order to collect damages related to mental suffering such as depression after a car accident, you must have evidence that the mental issue occurred because of the car crash and the hurt you sustained in the crash. When involved in a car accident, most people think of only their physical injuries. However, depression or anxiety after a car accident are some of the most common car accident injuries, mentally. Difficulty processing emotions is especially likely if you suffered a serious injury or lost a loved one in the crash.
Issues a Court Might Award Damages Monies to Address
Car accident claims made for severe injuries may include the mental trauma suffered by those close to the victims and the victims themselves. Post-traumatic stress disorder is a common result of catastrophic car accidents and can cause long-term suffering even after physical wounds have healed. Depression and anxiety can lead to the following circumstances:
- Loss of enjoyment of life
- Poor sleep quality
- Withdrawal from friends and family
- Impairment of a person's ability to work and earn a living
To this extent, depression and anxiety damages should be covered by a car accident claim, but in many cases, it is not. Psychiatric evaluation can be helpful in diagnosing the conditions and causes, as well as a prognosis of how it is expected to impact your life.
Mental damages are often overlooked because they are not as easily quantified as physical damages. Without a doctor's diagnosis and prognosis, it may be difficult to convince the insurance adjuster that your settlement should include pain and suffering or "non-economic" damages.
It is unlikely that the insurance company will include compensation for depression and anxiety without you directly requesting it in your claim. Therefore, it is important to work with an Iowa car accident attorney who will advocate for your full and fair compensation.
How to Claim Damages for Depression After a Car Accident
While it is simpler and more straightforward to prove physical injuries in an accident, a person may find it much more challenging to determine emotional wounds, like depression. That is because there are no tools that can clearly measure the extent and severity of the symptoms of depression, or even whether they do exist. It doesn't make it easier than many insurance fraud investigators try to disprove claims of emotional distress, alleging that these damages are only included to amplify the value of the claim.
Nothing could be further from the truth. Accident victims frequently suffer emotionally. If you have suffered emotional distress after an accident, note down all your symptoms. Maintain a journal of your feelings and document these symptoms, to help you file a claim. When you are receiving medical treatment for injuries, inform your doctor about any symptoms of depression so that they are documented.
- Frequent irritability
- Anxiety
- Irrational fears
- Loss of appetite
If you are now taking antidepressants or have begun counseling to treat depression, record information about the sessions as well. It is challenging to measure depression, and, therefore, it is important for you to maintain documentation related to your emotional injuries.
What Should I Do if I Suspect Depression?
If you or a loved one suspect that you are suffering from depression, here are some ideas of what to do:
1. Ask for help because you may need it. Don't try to deal with it on your own;
2. Talk to a trusted family member or friend to see if they have noticed any changes in you;
3. Talk to a trusted medical and/or mental health provider that you have seen in the past;
4. Depending upon the severity of your symptoms (for example, if you are considering suicide, hurting yourself or others) seek immediate attention by going to your local hospital emergency room or to a mental health hospital.
Remember, having depression is normal, especially after you have been through the trauma and loss that a car crash can cause. It is okay to ask for help and failing to seek help can result in your depression being ignored by the insurance company and eventually a judge and/or jury. It is much better to document the problems you are having with a medical provider than to try to fix the condition on your own. Seeking help for depression is common and approximately 13% of the US population is on antidepressants. You may or may not need medication and/or counseling, but it is better to seek help and find out instead of living with untreated depression.
For some injured Iowans, being able to express their emotions caused by the car crash with a counselor can help a lot. Keeping the emotions bottled up inside can lead to more problems.
Iowa Car Accident Attorney Talks Nerve Impingement Treatment Related to Accident
An Iowa car accident attorney can help sort the legal mess left by a careless driver who caused your crash. For pain, treatment from a doctor or chiropractor should be sought. One injury that slows many accident victims is nerve damage.
What is Nerve Impingement?
Nerve impingement, also commonly known as a pinched nerve, is a condition that develops when a
nerve is damaged from being compressed by hard tissue such as bone or cartilage. Some of the common compressors include a bulging disc, bone spur, or misaligned joint in the spine.
Nerve impingement is not only painful at the site of the pinched nerve, but it can also hinder the function and mobility of adjoining muscles and joints. A pinched nerve can result in the person experiencing a wide variety of uncomfortable sensations, including tingling, numbness, muscle weakness, and pain that may radiate to other parts of the body.
When Nerve Signals Get Cross-Wired
Although not one of the more apparent signs of trauma from a crash, nerve impingement may be debilitating because of the constant pain the victim experiences. Think of your nervous system as a superhighway comprised of many exit ramps that allow nerve signals to freely move to other parts of the body. If one of those exit ramps is affected by a pinched nerve, it may disrupt proper function and cause pain or numbness. If you are injured in a car accident, you should contact an Iowa car accident attorney for help filing a claim.
Seeking Treatment and Legal Help
Dealing with nerve impingement often requires medical intervention, including physical therapy, chiropractic care, or even surgery in severe cases. It's essential to seek treatment promptly to alleviate pain and prevent further damage. An Iowa car accident attorney can assist in recovering compensation for medical expenses, lost wages, and other related costs.
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.