Jefferson Personal Injury Attorneys

Life can be abruptly altered by accidents and injuries. During these difficult times, personal injury lawyers are crucial. They specialize in representing those harmed by negligence, ensuring they get the compensation they deserve. This article delves into the vital role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Insurance adjusters often employ various tactics to deny, discredit, or delay personal injury claims. Understanding these tactics and knowing how to counter them can be crucial in ensuring fair compensation. Consulting an Iowa personal injury lawyer can provide the necessary guidance and defenses against these practices.

Common Insurance Adjuster Tactics

1. Accessing Medical Records: Adjusters may request permission to access your medical records, not just those related to the accident but your entire medical history. They aim to find any past conditions that could be used to undermine your claim.

2. Low-Ball Offers: Adjusters might offer a quick, low settlement shortly after the accident, banking on your need for immediate funds. Accepting this can prevent you from claiming additional compensation if your medical condition worsens.

3. Surveillance: Insurers may place you under surveillance to catch you performing activities that seem to contradict your injury claims. This could be used to suggest you are not as injured as you claim.

4. Discouraging Legal Representation: Adjusters might try to dissuade you from hiring a lawyer, promising a fair deal if you handle the claim yourself. They know that with legal representation, their tactics are less likely to succeed.

Ways to Protect Yourself

- Know Your Rights: Be aware of your insurance policy details and your legal rights. Insist on receiving policy information in writing if it’s denied.
- Medical Records: Only provide medical documents pertinent to the accident. Refuse to authorize the release of your entire medical history.
- Assume Surveillance: Always follow your doctor’s advice and avoid activities that could be misinterpreted if you suspect you are being watched.
- Settlement Offers: Do not accept low settlement offers without consulting a lawyer. Have a clear understanding of the fair compensation amount before negotiating.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Arbitration

Arbitration is a formal method where an arbitrator reviews evidence, hears testimonies, and makes a binding or non-binding decision.

- Process: Both parties agree on an arbitrator and present their cases, including tangible evidence, medical records, and witness testimonies. The arbitrator then makes a decision.
- Benefits: It is less costly and time-consuming than litigation. The setting is more flexible and convenient.
- Binding vs. Non-Binding: In binding arbitration, the decision is final. In non-binding arbitration, parties may choose to accept or reject the decision.

Mediation

Mediation is a less formal ADR method where a mediator helps both parties reach a mutually satisfactory agreement.

- Process: The mediator facilitates discussions between both parties to identify common ground and negotiate differences. The mediator does not make decisions or provide opinions.
- Benefits: It saves time, money, and stress compared to litigation. Both parties have a say in the final outcome, which can lead to more agreeable resolutions.

Pros and Cons of ADR

- Pros: ADR methods are usually quicker, less expensive, and less emotionally charged than litigation. They allow for more involvement in decision-making and can lead to mutually satisfactory outcomes.
- Cons: There is a risk of spending money on ADR without reaching a resolution, necessitating further litigation and additional costs.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, particularly those without helmets, are at high risk for head injuries in accidents involving motor vehicles. The claims process can be overwhelming, but understanding the steps and potential compensation can aid victims and their families.

Determining Liability

In Iowa, the party at fault for the accident is liable for damages. Typically, the motor vehicle driver is at fault in bike accidents. Their insurance is responsible for covering damages.

Proving Liability

To prove liability, gather:
- Police Reports: Documenting the incident.
- Physical Evidence: Such as broken bike parts.
- Witness Testimonies: From those who saw the accident.

You must also prove that the head injury resulted directly from the accident.

Calculating Compensation

The insurance adjuster will determine the settlement amount based on:
- Extent of Injuries: Severity and long-term impact.
- Medical Bills: Current and future expenses.
- Lost Wages: Time off work and lost earning capacity.
- Bike Replacement: Costs of repairing or replacing the bike.

Partial fault on your part can reduce the settlement amount.

Negotiating Settlements

If the initial settlement offer is insufficient, you have the right to negotiate or file a claim against the at-fault driver. Ensure you file within the two-year statute of limitations in Iowa (Iowa Code section 614.1).

Combining knowledge of insurance adjuster tactics, ADR methods, and the claims process for bike accidents can equip individuals to navigate personal injury cases more effectively. Consulting with experienced attorneys can further ensure fair compensation and proper handling of these claims.

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.