Moville Car Accident Injury Attorneys

A car accident rarely brings just one problem. A Moville driver might walk away with a traffic citation on top of an injury, or discover that the emotional toll of the crash is just as real as the physical one, all while medical bills keep arriving before any settlement is in sight. The Moville car accident attorneys at Walker, Billingsley & Bair want local drivers to understand how a citation affects a claim, how depression and anxiety after a crash can be part of a case, and how to keep up with medical bills while a claim is pending.

Can You Still File for Damages After Receiving a Traffic Citation?

Yes. If you received a traffic citation after an accident, you can still file a claim. The citation may affect the strength of the claim depending on the type issued by the police officer. Car accident claims revolve around the concept of negligence, broadly defined as failing to use reasonable care to prevent harm to others.

If the traffic citation is evidence that you were negligent in the accident, it will probably harm the claim. Insurance adjusters may use the citation to increase your proportion of fault and decrease their settlement offer, and it can even bar you from collecting damages if you are found more than half at fault for the accident. No matter the citation, it is important to let your attorney know the police issued you a ticket after the accident, since an attorney cannot prepare to address the citation during negotiations if the client does not mention it.

What Traffic Citations Can Be Issued After an Accident?

Police may issue traffic citations after an accident based on the evidence and testimony they find at the scene. Some examples handed out at the scene of a Moville accident include speeding tickets, red light tickets, right-of-way infractions, and failure to use a seat belt. More minor citations, like not having working taillights, may also be issued after the accident.

How Does Modified Comparative Fault Affect the Claim?

Iowa follows modified comparative fault, meaning that in a legal claim a party can collect damages minus their proportion of fault for the accident. Insurance adjusters may point to a traffic citation to try to increase a claimant's proportion of fault, which reduces the amount ultimately recovered.

The "modified" part of this rule refers to a limit Iowa law places on a claimant's proportion of fault. Claimants must be 50 percent at fault or less in order to collect any damages in a personal injury case. If a claimant is found to be more than 50 percent at fault, they are barred from collecting any damages at all.

Can You Recover Damages for Depression After a Car Accident Near Moville?

In order to collect damages related to mental suffering such as depression after a car accident, you must have evidence that the mental issue occurred because of the crash and the harm you sustained in it. When involved in a car accident, most people think only of their physical injuries. However, depression or anxiety after a car accident are among the most common car accident injuries mentally, and difficulty processing emotions is especially likely if you suffered a serious injury or lost a loved one in the crash.

Issues a Court Might Award Damages to Address

Car accident claims made for severe injuries may include the mental trauma suffered by victims and those close to them. Post-traumatic stress disorder is a common result of catastrophic car accidents and can cause long-term suffering even after physical wounds have healed. Depression and anxiety can lead to a loss of enjoyment of life, poor sleep quality, withdrawal from friends and family, and impairment of a person's ability to work and earn a living.

Depression and anxiety damages should be covered by a car accident claim, but in many cases they are overlooked because they are not as easily quantified as physical damages. A psychiatric evaluation can be helpful in diagnosing the condition and its causes, as well as offering a prognosis of how it is expected to impact your life. Without a doctor's diagnosis and prognosis, it may be difficult to convince the insurance adjuster that your settlement should include pain and suffering, or non-economic, damages. It is unlikely the insurance company will include compensation for depression and anxiety without you directly requesting it in your claim, which is why it is important to work with a Moville car accident attorney who will advocate for your full and fair compensation.

How to Claim Damages for Depression After a Car Accident

While it is simpler and more straightforward to prove physical injuries in an accident, it can be much more challenging to document emotional wounds like depression, since there are no tools that clearly measure the extent and severity of these symptoms. If you have suffered emotional distress after an accident, note down all your symptoms and keep a journal of your feelings to help document your claim. When you are receiving medical treatment for your physical injuries, inform your doctor about any symptoms of depression, such as frequent irritability, anxiety, irrational fears, or loss of appetite, so that they are documented. If you begin taking antidepressants or start counseling, record information about those sessions as well.

What Should You Do If You Suspect Depression?

If you or a loved one suspect depression following a Moville car accident, consider these steps. Ask for help, since you may need it and should not try to deal with it on your own. Talk to a trusted family member or friend to see if they have noticed any changes in you. Talk to a trusted medical or mental health provider you have seen in the past. Depending on the severity of your symptoms, such as if you are considering suicide, hurting yourself, or hurting others, seek immediate attention by going to your local hospital emergency room or a mental health facility.

It is okay to ask for help, and failing to do so can result in your depression being ignored by the insurance company, and eventually a judge or jury. It is much better to document the problems you are having with a medical provider than to try to manage the condition on your own. For some injured Moville residents, being able to express the emotions caused by a car crash with a counselor can help significantly, since keeping emotions bottled up can lead to more problems.

How Do I Pay Medical Bills While Waiting on My Car Accident Settlement?

Most victims have to use their own insurance policies to pay for medical bills while awaiting a car accident settlement. Some turn to pre-settlement funding to help pay bills in the meantime. The at-fault driver, or that driver's insurance provider, is not required to pay for your damages until after the case is settled.

Ways to Pay for Medical Bills After a Car Accident

Medical bills are usually so high that everyone relies on some type of insurance to help pay for injuries. There are several types of insurance a Moville accident victim may be able to use until a settlement arrives, including health insurance through an employer, a personal health insurance policy, a Medicare or Medicaid plan, the policy of the driver of the vehicle you were riding in if you were a passenger, or the medical payments coverage under your own car insurance policy, if applicable.

Keep in mind that many insurance companies will expect to be paid back after you receive your settlement award. This is called subrogation, and how it affects you depends on the provider and the terms of your policy. If you are unsure how subrogation applies to your situation, consult with the insurance carrier or your attorney.

Paying Other Bills While Recovering

Health insurance may help pay medical bills while you await settlement, but that does not address all the other bills that keep mounting, including the deductible on your health insurance policy. If you had to take time off work because of your injury, it can be hard to make ends meet without income. If your injuries are severe and you have to hire others to do the work around the house that you would normally do yourself, such as cleaning and maintenance, expenses can pile up quickly.