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Not every injury near Guthrie Center fits neatly into one category. A work injury might involve a negligent third party outside the workplace, a car accident might leave someone dealing with chronic neck pain requiring an epidural nerve block, and a bike accident might result in a serious head injury with its own set of legal questions. The Guthrie Center personal injury attorneys at Walker, Billingsley & Bair want local residents to understand all three so they know what to expect.
When a Third Party Contributes to Your Guthrie Center Work Accident
If you were injured in a work accident, you may be able to pursue a third-party claim in addition to workers' compensation. An attorney can evaluate your case to determine who was negligent and whether it involved someone outside of your place of employment.
Overview of a Third-Party Claim
Employees cannot sue their employers for injuries that occur while at work if they accept payments from workers' compensation, since employers are protected from lawsuits when these benefits are paid, even if an employer was clearly negligent. However, in some cases your injuries may have been caused by another person or company unrelated to your place of employment, which may lead you to file a third-party claim. A third party may be negligent for part or all of your injuries, and a workers' compensation attorney can help make this determination based on the circumstances of your accident.
Liability in a Third-Party Claim
Liability for a third-party claim depends on the specific circumstances surrounding your accident. For instance, if you were injured on the job because of a defective product, liability may be found with the manufacturer. If you were injured while on the job at another company's site, liability may be found with the property owner through a premises liability claim. If you were driving your company vehicle near Guthrie Center and another driver ran a red light and struck you, that driver may be held liable through a personal injury claim.
Compensation in a Third-Party Claim. Workers' compensation benefits will cover your medical expenses and lost wages, but you cannot receive other types of damages such as pain and suffering, mental anguish, or punitive damages. With a third-party claim, you may be able to recover damages that go above and beyond just medical expenses and lost wages, which is important in cases where injuries are severe. Contact your Guthrie Center injury attorney to help you file a claim right away.
Epidural Nerve Block Procedure for Cervical Radicular Pain
Radicular pain, or radiculopathy, is a condition in which the nerves stop working properly. Disease or trauma may cause the condition, resulting in pain, numbness, weakness, and problems with motor control. Even though the problem occurs in the spinal area, the pain is often felt in other parts of the body. Many cases of radicular pain occur in the cervical spine and result in severe neck pain and other symptoms. Patients may turn to an epidural nerve block procedure for treatment, which may be compensable in a personal injury claim if another party caused the injury.
What Causes Cervical Radicular Pain?
In many cases, a herniated disc, usually the result of trauma such as a car accident or a fall like a slip-and-fall accident, causes cervical radicular pain. Radicular pain may also result from arthritis or other types of degenerative bone disease. The material from a ruptured disc can put pressure on the nerve root, compressing it and causing pain.
Traditional Treatments and the Epidural Nerve Block Procedure
Many patients treat this condition with conservative therapies first, which may include corticosteroids, pain medication, and physical therapy, which might include cervical traction. When conservative treatment fails and pain becomes intolerable, surgery is often the next step, though the epidural nerve block procedure may provide relief as an alternative. This procedure involves injecting a corticosteroid into the epidural space of the spine, using a fluoroscope for real-time X-ray images and a contrast medium to ensure proper needle placement. It involves injecting a local anesthetic like lidocaine along with a corticosteroid, and pain relief is monitored for a set period of time. This procedure is minimally invasive and may be an excellent alternative to surgery, with slight risks including infection, minor bleeding, and minor pain around the injection site.
An epidural nerve block is a minimally invasive treatment that may serve as an alternative to surgery for cervical radicular pain.
Living with cervical radicular pain is not easy, since the patient's life becomes about pain management, and patients may be unable to work, sleep, or enjoy everyday activities. If you suffer from this condition because of an accident near Guthrie Center that someone else caused, speak to an attorney, since you may be able to get compensation for damages like medical bills for epidural nerve block procedures, along with lost wages and pain and suffering.
Filing a Claim for a Head Injury from a Bike Accident Near Guthrie Center
Bicyclists, especially those who do not wear helmets, are at serious risk of sustaining a head injury in an accident with a motor vehicle. Victims and their loved ones may feel overwhelmed by the process of filing an injury claim after a head injury.
Who Is Liable for the Injuries?
The first step in the claims process is often determining who is responsible for the damage. In Iowa, the party at fault for the injury is the party liable for it. In the event of a bike accident near Guthrie Center, it is likely that the motor vehicle driver involved was to blame, meaning the driver's insurance would be liable for paying for damages.
How to Prove Liability
The at-fault driver may try to avoid responsibility by claiming the cyclist did something to contribute to the crash. You can substantiate your claim and prove liability with evidence such as police reports, physical evidence from the scene, and witness testimony. You will also need to prove that your head injury was a direct result of the accident and not independent of it.
How Much Compensation Might Be Available?
The insurance adjuster responsible for overseeing your claim makes an initial determination based on the extent of the damages suffered, including the extent of your injuries, the amount of your medical bills, whether you have lost time from work or lost your ability to work, and whether your bike needs to be replaced. If you were partially at fault for the accident, your damage amount may be reduced. For example, rear bicycle lights are becoming mandatory in Iowa, and if you were riding at night without them, the driver may argue that you contributed to the crash through negligence.
When a Settlement Amount Is Not Enough
If you are offered a settlement that is not sufficient, you do not have to accept it. You have the right to negotiate for a higher amount and, if necessary, file a claim against the at-fault driver in civil court. To do so, you need to file your claim within two years, pursuant to Iowa Code section 614.1. Because head injuries often cause significant damages, a civil suit may be necessary to recover full compensation. Contact us so the Guthrie Center personal injury attorneys at Walker, Billingsley & Bair can help your claim move as smoothly and equitably as possible.
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.