Mitchellville Personal Injury Attorneys

Accidents and injuries can swiftly change lives. During these difficult times, personal injury lawyers are crucial allies. They advocate for individuals affected by others' negligence, ensuring they receive fair compensation. This article highlights the vital role personal injury lawyers play in navigating claims and helping people reclaim their lives.

Comprehensive Guide to Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those not wearing helmets, face a high risk of head injuries in accidents with motor vehicles. Navigating the claims process after such an injury can be overwhelming for both the victims and their loved ones. This guide provides an overview of the claims process for a bicycle accident in Iowa, potential damages, and the steps to take next.

Determining Liability for Injuries

The initial step in filing a claim is determining who is liable for the injury. In Iowa, the at-fault party is responsible for the damages. Typically, in bike accidents, the motor vehicle driver involved is found to be at fault, making their insurance liable for compensating the victim.

Proving Liability

To prove liability, the at-fault driver might argue that the cyclist contributed to the crash. Therefore, it's essential to substantiate your claim with the following evidence:
- Police Reports: Official documentation of the accident.
- Physical Evidence: Items from the scene, such as broken bicycle parts.
- Witness Testimony: Statements from those who witnessed the accident.

You must also prove that your head injury directly resulted from the accident, not from another cause.

Calculating Compensation

The amount you are entitled to depends on various factors, assessed by the insurance adjuster. These factors include:
- Injury Severity: Extent of physical harm and required medical treatment.
- Medical Bills: Costs incurred and future medical expenses.
- Lost Wages: Income lost due to the inability to work.
- Bicycle Damage: Costs to repair or replace the bicycle.

If you were partially at fault, your compensation might be reduced. For instance, lacking mandatory rear bicycle lights while riding at night could be seen as contributing to the accident.

Dealing with Insufficient Settlement Offers

If the settlement offer is inadequate, you have the right to negotiate for a higher amount. If negotiations fail, you can file a claim against the at-fault driver in civil court. Ensure you file within two years, as per Iowa Code section 614.1. Given the high cost of treating brain injuries, a civil suit might be necessary to secure full compensation.

Arbitration

Arbitration resembles a courtroom hearing but with fewer evidentiary rules. An arbitrator reviews the case facts, hears witness testimony, and makes a final decision. Arbitration can be binding (final decision) or non-binding (parties can reject the decision). It’s less costly and time-consuming than litigation.

Mediation

Mediation is a less formal resolution method. A mediator facilitates discussions between parties to reach a mutually satisfactory agreement. The mediator does not make a decision but helps parties find common ground. Mediation typically involves some compromises but can save time, money, and stress compared to a trial.

Pros and Cons of ADR

ADR can be quicker, cheaper, and less adversarial than litigation. However, if ADR fails, parties may still need to go to trial, incurring additional costs. Understanding whether ADR is suitable requires consulting with an experienced attorney.

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.