Kingsley Car Accident Injury Attorneys

Lives can be instantly upended by accidents and injuries. During these tough times, car accident injury lawyers become crucial allies. They advocate for those injured by others' negligence, ensuring fair compensation. This article underscores the significant role these lawyers play in assisting individuals with their claims and restoring normalcy.

Hurt As A Passenger in a Car Accident

Many car accident injuries in Iowa happen to passengers, who may not always know what compensation they deserve. The at-fault party could be the driver of the vehicle they were riding in, another driver, or multiple drivers. Special considerations apply to these cases, which differ from typical Iowa car accident cases.

Know Your Rights

If you were not negligent as a passenger (e.g., you did not cause the accident by grabbing the steering wheel), you should not be assessed any fault. However, not wearing a seatbelt can reduce your compensation.

Depending on the nature and severity of your injuries, there may not be enough car insurance available under the at-fault driver’s policy to cover your injuries. Iowa law requires a minimum of $20,000 per person and $40,000 per accident in insurance coverage. If the at-fault driver only has the minimum policy limits, which is common, you will need to explore other insurance policies to compensate you if your injuries are severe.

For minor injuries that require only a few doctor visits and are not permanent, the minimum insurance coverage might suffice. However, for serious injuries, such as broken bones or requiring surgery, you must look at all possible sources to recover compensation.

Where to Recover Compensation

If the Driver of Your Vehicle is at Fault

If the driver of the vehicle you were riding in is at fault and their insurance does not cover your injuries, you should look at your own car insurance policy. Iowa law requires insurance companies to offer underinsured motorist coverage (UIM), which protects you if the at-fault driver’s insurance is insufficient.

Clients often worry that making a UIM claim will raise their insurance rates. While insurance rates are influenced by claims made, credit score, driving record, and other factors, we have yet to have a client report a rate increase due to a UIM claim. If your rate does go up, you can shop around for a better rate. Not making a UIM claim could cost you tens of thousands of dollars, depending on the severity of your injuries and the amount of coverage you have.

If Another Driver is at Fault

If another driver is at fault, you would first seek compensation from the at-fault driver’s insurance. If their insurance is insufficient, you may have additional insurance policies available to compensate you.

If the vehicle you were riding in had insurance, its UIM coverage would be primary if your injuries exceed the at-fault driver’s policy limits. Additionally, if you have your own car insurance policy or are covered by another person’s policy, you may have further UIM coverage available.

If Both Drivers are at Fault

If both the driver of your car and another driver are at fault, you may have claims under both drivers’ liability policies. If your injuries exceed all at-fault drivers’ available coverages, you can still be covered under a car insurance policy that you or a household member purchased. You may be able to seek additional compensation up to the policy limits of the UIM coverage under the secondary policy.

What Can Go Wrong

Dealing with serious injuries and UIM insurance coverage can involve many potential pitfalls. If you settle with the at-fault driver’s insurance company on your own without following the proper procedures set forth in the UIM policy, you may not receive additional compensation.

You need to know who is paying your medical bills and who is reimbursing your health insurance company. Failing to document this in writing can result in your compensation being paid to medical providers and/or health insurance companies.

Before agreeing to any settlement, if your injuries exceed the policy limits of the at-fault driver(s), consult with a qualified Iowa Car Accident Attorney. Our firm has helped thousands of Iowans injured in car accidents, many involving UIM claims. 

Recouping Costs of Back Fusion Surgery from an At-Fault Driver

Car crashes can lead to slipped discs and other back injuries, sometimes necessitating back fusion surgery, a procedure that can result in significant medical bills. However, drivers have legal options to recoup damages if they weren't at fault.

Common Car Accident Injuries Requiring Back Surgery

Bulging and herniated discs are common back injuries after car accidents. The spine consists of vertebrae and discs that increase flexibility. These discs have a harder outer shell and a softer inner cushion. Bulging discs occur when the inner nucleus pushes against the capsule, while herniated discs happen when the nucleus spills out of a tear in the capsule.

These injuries cause pain by pressing against the nerves in the spinal cord, typically treated with rest, physical therapy, and medication. If these treatments don't work, doctors might recommend back surgery.

Spinal compression fractures, another possible injury, can result in loss of spine height and pain. Surgery is common for spinal compression fractures.

Back Fusion Surgery Overview

During a car accident, spinal discs can slip, bulge, or rupture, putting pressure on spinal nerves and causing pain. Doctors may perform a discectomy to remove the disc and back fusion surgery to fuse adjacent vertebrae using a bone graft and often screws or plates to hold the fusion until the bones join.

Recovery from this surgery can take several months, requiring the patient to avoid strenuous activities, learn proper movements, wear a brace, and attend physical therapy sessions.

Proving a Car Accident Necessitated Back Fusion Surgery

To win a car accident case, plaintiffs need to prove the other driver was negligent, caused the accident, and that the negligence caused their injuries. Negligence generally involves failing to use reasonable care, such as violating traffic laws or driving distractedly.

Plaintiffs may need to prove their back injury was not pre-existing. Doctors can use x-rays, CT scans, and MRI scans to reveal disc degeneration and back problems. If tests before the accident showed no issues, it can support that the injury resulted from the accident. Expert testimony can also be crucial.

Establishing Damages and Recovering Costs

Accident victims can face significant damages, including those related to a spinal fusion. These costs can include hospitalization and time away from work. Medical records, bills, and evidence of lost wages help establish the extent of damages. Health insurance may cover costs while awaiting settlement, and it may place a lien on any settlement or judgment to recoup its expenses.

What to Do if Injured in an Iowa Car Accident

If you are considering hiring a car accident lawyer for your Iowa claim, know that qualified lawyers usually operate under these principles:
1. No up-front fees or charges.
2. Payment is contingent on winning the case, with fees ranging from 30% to 40% based on the case's progress.
3. The attorney selects cases where they can make a significant difference.
4. The attorney handles all contact with insurance companies, obtains your medical records and bills, and keeps you updated.

If a lawyer deviates from these standards, it may be a red flag. For instance, some firms take every case, hoping a few will be strong, while others may ask you to obtain your medical records and bills. Our office handles all injury cases on a contingency fee basis, obtains all necessary documents, and manages communication with insurance adjustors and other parties.

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.