Missouri Valley Personal Injury Attorneys

Accidents and injuries can suddenly alter lives. During these challenging moments, personal injury lawyers are crucial. They focus on representing those harmed by negligence, ensuring they get rightful compensation. This article highlights the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Do You Have to Accept the Insurance Company's Settlement?

In Iowa, you do not have to accept an insurance company settlement offer, but there are several crucial factors to consider before making a decision. Understanding these factors can significantly impact the outcome of your case and ensure you receive the compensation you deserve.

Key Considerations

1. Severity of Injuries: If your injuries are minor, it might be beneficial to settle the case on your own to avoid paying attorney fees. However, if your injuries are more severe, consulting with an attorney is advisable to ensure you are adequately compensated.

2. Subrogation: If your medical bills have been paid by your health insurance or another insurance company, you need to know who will be reimbursing them. This process, known as subrogation, can consume your entire settlement if not handled correctly.

3. Statute of Limitations: It is essential to be aware of the time limits for filing a claim. In Iowa, the statute of limitations for personal injury cases is generally two years from the date of the injury. Failing to file within this period can result in losing the right to any compensation.

If you are uncertain about any of these aspects, it is strongly recommended to consult a qualified Iowa injury attorney. Not doing so could cost you thousands of dollars and potentially your entire case.

Settlement Negotiations

Negotiating with an insurance adjuster is a critical part of the claims process. Here are some important tips to keep in mind:

1. Truthfulness: Always tell the truth. Anything you say to the insurance adjuster can be used against you. Insurance companies share information about prior injuries and accidents, so honesty is crucial.

2. Professionalism: Avoid threatening or being hostile toward the insurance adjuster. Professionalism and politeness can go a long way in negotiations.

3. Preparedness: Know the details of your case, including how the injuries happened, the treatments you have received, and the diagnoses. Being well-informed strengthens your negotiating position.

Before accepting any settlement offer, it is wise to consult with an experienced Iowa injury attorney. They can help you understand if the offer is fair or if you are being taken advantage of. Each case is unique, but they all share common elements that an attorney can evaluate.

Evaluating the Value of a Claim

Several factors influence the value of a personal injury claim:

- Severity and extent of injuries
- Nature of injuries (e.g., multiple body parts injured)
- Objective injuries like broken bones
- Hospitalization and surgeries required
- Time missed from work
- Circumstances of the injury (e.g., were you working?)
- Available insurance coverage
- Potential underinsured motorist claims

Damages in Dramshop Claims

In Iowa, damages recoverable in a personal injury claim are similar to those in a dramshop claim. These include:

- Medical bills: All expenses related to the accident, including rehabilitation.
- Pain and suffering: Physical and emotional distress, such as PTSD or severe disfigurement.
- Lost income: Wages lost due to inability to work and future lost earnings.
- Property damage: Repair or replacement of personal property.
- Wrongful death: Compensation for medical and funeral expenses, lost future income, and loss of consortium.
- Punitive damages: Additional compensation if the defendant showed willful disregard for safety.

Understanding Dramshop Law

A dramshop claim is filed against a person or business with a liquor license for serving too much alcohol to an individual who later causes an accident resulting in injury or death. Iowa Code § 123.92 outlines the specific legal requirements and liability variables for these claims. 

Time Limits and Requirements:
- Notice of Intent: Must be provided within six months of the accident.
- Statute of Limitations: Two years from the date of the accident to file the claim.

Both the intoxicated driver and the establishment that served them can be sued. The notice must be precise, suggesting the need for an experienced attorney.

Proving Liability in Bicycle Accidents

Right-turn bicycle accidents, often referred to as "right hook" accidents, commonly occur when a cyclist is struck by a car turning right. To prove liability, you must present evidence of the driver's negligence.

Common Scenarios

- Intersection Collisions: Driver fails to see the cyclist.
- Overtaking Vehicles: Cyclist passes on the right, putting themselves in harm's way.
- Right-Turn Conflicts: Car turns right at a light, hitting the cyclist.

Evidence for Liability

- Police reports: Detail the accident scene and events.
- Eyewitness accounts: Reveal actions of both parties before the collision.
- Traffic cameras: Capture the incident on video.
- Negligent behavior: Speeding, failing to signal, abrupt lane changes by the driver.

Avoiding Right-Turn Bicycle Accidents

Cyclists should maintain a safe distance from vehicles, avoid passing on the right unless necessary, and be vigilant at intersections. If a crash occurs, legal help is available to pursue compensation.

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.