• Lamoni Personal Injury Attorneys
  • Phone: 641-792-3595
  • Directions

Life can be abruptly disrupted by accidents and injuries. During these tough moments, personal injury lawyers are indispensable. They advocate for those harmed by others' negligence, ensuring they get the compensation they deserve. This article highlights the vital role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

Do You Have to Accept the Insurance Companies' Settlement?

In Iowa, you definitely do not have to accept an insurance company settlement offer, but there are several things to keep in mind:

1. Severity of Injuries: Are your injuries minor such that you may be better off settling the case on your own to avoid having to pay an attorney a percentage of your settlement?
   
2. Medical Bill Reimbursement: If your medical bills have been paid by your health insurance or another insurance company, who will be reimbursing them? This is called subrogation and can cost you your entire settlement if you do not know what you are doing.
   
3. Statute of Limitations: How much time do you have until the statute of limitations expires and you will likely receive nothing?

If you don't know the answers to any of the above questions, we strongly recommend that you at least contact and speak with a qualified Iowa injury attorney. Failing to do so could cost you thousands of dollars and sometimes your entire case.

Settlement Negotiations

Keep in mind that it is very rare that the insurance company's first offer is their best offer. You should definitely try to negotiate with the insurance adjuster in any case in which you are trying to represent yourself, but keep in mind the following:

1. Truthfulness: Anything you tell the insurance adjuster can and will be used against you in your claim and later on if there is a lawsuit. Be careful about what you tell the adjuster, but definitely do not lie. If you have prior injuries and accidents, they will find out about them in their database that insurance companies share with each other.

2. Professionalism: It is not a good idea to threaten the insurance adjuster. As with most things in life, being nice will get you a lot further than being upset and angry.

3. Knowledge: You should know your facts, including how the injuries happened, who you treated with, and the conditions you have been diagnosed with.

Before you agree to any settlement offer in a case involving injuries, it is always a good idea to speak with a qualified Iowa injury attorney to find out if you are being taken advantage of or being treated fairly. Yes, you can ask your family and friends what they think, but it is better to ask someone who deals with insurance companies on a daily basis and who has handled hundreds of injury cases similar to yours. No two cases are identical, though they all share common items.

How to Evaluate the Value of a Claim

- Severity and extent of the injuries
- Nature of the injuries (e.g., multiple body parts injured)
- Objective injuries like broken bones
- Hospitalization
- Required surgery
- Time missed from work
- Employment status at the time of injury
- Available insurance coverage
- Underinsured motorist coverage claim

Degree of Accident Fault in a Personal Injury Claim

The degree of accident fault in a personal injury claim is an individual’s percentage of responsibility for an accident and the losses or damages that occur as a result of the accident. If the person who was injured is partially at fault, that degree of fault will reduce the amount of compensation that can be recovered. Iowa lawyers can help Iowa accident victims prove the other party’s liability to pursue fair compensation.

How is Degree of Accident Fault Impacted by Negligence Laws?

Negligence laws vary in each state. In Iowa, they are based on modified comparative fault. Under this standard, a jury or judge would assign a percentage of fault for each party in the accident from no fault to 100 percent at fault.

When an injured person is partially responsible for a crash, this can result in a couple of outcomes. One is that it prevents him/her from recovering any damages if the injured party’s degree of fault is more than half (51 percent or higher). The other outcome is that the amount of damages that are recovered could be reduced. If the degree of fault is 50 percent or less, damages can still be recovered but will be reduced by the percentage of fault assigned.

Since a higher degree of fault puts an injured person at risk for receiving a significantly low amount or even nothing at all, it may be in his/her best interest to seek legal counsel with Iowa lawyers. An attorney may be able to help establish most or all fault with the other party.

Types of Evidence to Reduce Degree of Fault

Proof is key to establishing the other party’s responsibility for a crash. Some evidence that may help includes:

- Accident report
- Photographs of the accident scene
- Eyewitness statements
- Observations from a responding police officer

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.