Onawa Personal Injury Attorneys

Life can be suddenly disrupted by accidents and injuries. In such tough moments, personal injury lawyers are vital allies. They focus on advocating for those harmed by negligence, helping them obtain rightful compensation. This article discusses the essential role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company. However, sometimes the dispute necessitates alternative means of reaching an agreement, which can help avoid taking the case all the way to trial. Below are the types of alternative dispute resolutions that claimants might utilize and how they function.

Arbitrating a Personal Injury Case

Most people want to avoid litigation if possible. One way to do this is through arbitration, which in some ways is similar to a courtroom hearing but with fewer rules surrounding the use of evidence.

An arbitrator:
- Reviews the facts and evidence;
- Listens to testimony from witnesses; and
- Makes a final decision.

Arbitration is less costly than litigation and usually takes less time. However, arbitration can be binding or non-binding, meaning the arbitrator's decision will be final or the parties may choose not to accept the decision, respectively.

Both sides have to agree on who will serve as the arbitrator. The hearing can be held in virtually any setting, which usually makes it more convenient for everyone. At the arbitration hearing, both parties will present their side. There may or may not be opening and closing statements.

Facts are established through evidence, which could include:
- Tangible items;
- Medical records;
- Pictures;
- Video footage; and
- Other pertinent documentation.

Witnesses provide testimony and are cross-examined. It could be an individual who observed the incident/accident causing injury or it may be an expert (e.g., medical expert, accident reconstruction).

Mediating a Personal Injury Case

An even less formal method of reaching a resolution is through mediation. It’s more commonly used in personal injury cases and again, not only avoids litigation but saves time, money, and even stress.

The mediator is an unbiased third party who, unlike an arbitrator, doesn’t make a decision or ruling. In fact, the mediator doesn’t even give his/her opinion. The mediator's job is to allow both parties to share their sides of the matter and then guide them toward an agreement that is mutually satisfactory.

The mediator may help both parties to realize that they agree on certain elements of the case. Then helps the parties bridge their differences wherever possible and work toward a resolution that is fair for everyone.

Most mediation starts with both parties meeting together in one room. Then the mediator will take each party to a separate room. Offers, demands, questions, and requests may go back and forth as the mediator moves from one party to the next.

Oftentimes it requires some give and take. In fact, most people who mediate a personal injury case should expect to make some compromises. Of course, if the matter cannot be resolved, then it may have to go to trial.

Pros and Cons of Alternative Dispute Resolutions in a Personal Injury Case

Most of the benefits have already been mentioned: it can take less time, money, and hassle. Parties may approach these alternative means of resolving a dispute in a calmer and more rational manner, as litigation can sometimes stir up emotions.

Also, with mediation, the parties are more involved in the decision-making process, allowing them to have more say in the final outcome. If the case goes to trial and the other side is victorious, the injured person could end up with nothing whereas mediation allows both sides to reach an agreeable resolution.

But it’s also important to consider some of the cons. The parties may spend money to resolve the dispute but it does not produce any results. So more funds must be spent on litigating the case in addition to the alternative dispute resolution.

Common Tactics and Defenses Insurance Adjusters Use in Personal Injury Cases

A personal injury lawyer knows insurance adjuster tactics used to deny, discredit, or delay your personal injury claim. For advice on defenses, you can use to deal with nefarious insurance company practices, speak with an Iowa personal injury lawyer.

Common Insurance Adjuster Tactics

1. Getting Permission to Access Your Medical Records: While on the surface granting the insurer access to your medical records may seem justified, it is yet another trick used to undermine your claim. The medical records surrounding the accident are not the only ones the insurance adjuster will have access to – he or she can access your entire medical history. This includes any doctor you have ever seen, any condition you may have had treated, as well as any physical or mental illness you have ever suffered from. Although such details may seem irrelevant to your accident, the insurer is looking for any way to minimize your claim.
  
2. Offering a Quick, Low-Ball Offer: Insurance adjusters understand that you may be desperate for compensation of any kind and may offer you a small settlement to close the case shortly after the accident. They will ask you to sign a full release, which means that if your medical condition worsens, you will not be entitled to additional compensation.
  
3. Placing You Under Surveillance: Catching you performing daily tasks, such as taking out the garbage or mowing your lawn, could damage your claim. It is easy to make someone appear healthy out of context, and this type of evidence could be used to initiate an insurance fraud case against you.
  
4. Discouraging You from Hiring a Lawyer: Adjusters may try to persuade you to not seek legal counsel. They may promise fairness in dealing with your personal injury claim. The truth is that they know that once an attorney is involved, these tactics will not achieve their goals.

Ways to Protect Yourself from Shady Insurance Adjuster Tactics

Being aware of your rights and educating yourself as much as possible will help you navigate the personal injury claims process.

Otherwise, if your insurance adjuster:
- Denies Your Claim Outright or Misinforms You About Your Insurance Policy Coverage: Evaluate your original insurance policy agreement carefully. If you cannot locate this document, insist upon having the policy submitted to you in writing. If the adjuster refuses, contact an attorney.
- Asks You to Authorize the Release of Your Medical Records: You have the right of refusal. Once you initiate the personal injury claim, only medical documents pertaining to the accident will be provided.
- Places You Under Surveillance: You may not know. It is always best to assume you are being observed. Heed your doctor’s advice and do not attempt to complete daily tasks without assistance.
- Offers You a Low Settlement: Don’t be tempted to take a quick payment. Often this amount will not cover the total costs of your injury. Be mindful and have a reasonable compensation amount in mind before negotiating. Do not sign any agreements before consulting a lawyer.

How to Prevent Alcohol-Related Bike Accidents

Just like drinking and driving, drinking and biking do not mix. Alcohol impairs your cognitive and motor skills and slows your reaction time. Despite the obvious dangers of operating a motor vehicle or bicycle while under the influence of alcohol, millions of people still do it. Roughly 3.2 percent of Iowans admit to getting behind the wheel in the past 30 days after drinking too much, which, incidentally, is significantly higher than the national average of 1.9 percent, according to the Centers for Disease Control and Prevention.

Statistical Snapshot of Alcohol-Related Bike Accidents

Statistics don’t lie. One glance at the following figures provided by the National Highway Traffic Safety Administration and it becomes obvious just how deadly the mix between alcohol and driving/biking can be:
- In 34 percent of fatal bicycle accidents, either the cyclist or the driver was under the influence of alcohol.
- Of all the bicyclists who died in traffic accidents in 2013, 20 percent had a blood alcohol concentration of 0.08 g/dL, the legal limit for alcohol, and nearly one-quarter of them had BAC of 0.01 g/dL.

Intoxication Affects Bike Accident Liability

In addition to putting your and others’ lives in danger when you bike or drink while under the influence, you also put yourself at risk legally. First of all, if you are ever responsible for an accident and your BAC exceeded the legal limits, you will be subject to criminal charges. This can mean jail time, fines, and lost driving privileges, among other penalties.

Also, driving or cycling while intoxicated is considered negligence in an accident claim or lawsuit. As such, if ever you are in a crash and were inebriated at the time, you will be the party responsible for the damages. This is because Iowa is an at-fault car insurance state. This means that when you hurt someone, they are legally entitled to pursue recovery from you, i.e., sue you.

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.