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Injuries and accidents can suddenly change lives. During these challenging moments, car accident injury lawyers become vital allies. They fight for those harmed by others' negligence, ensuring just compensation. This article underscores the important function these lawyers serve in assisting individuals with their claims and recovery.
Who Should Pay my Medical Bills after my Car Accident?
This is one of the most common questions we get, and there is a lot of misinformation out there, so listen up. First of all, the insurance adjuster for the other driver may tell you, "send me all your medical bills." Yet, that does not mean they will actually pay your medical bills as you send them. You can try asking the insurance adjuster for something in writing that they will pay your medical bills. However, chances are that the only way they will pay anything is if you agree to sign a release and close your claim forever. The insurance company would rather have your medical bills pile-up, have you sent to collection, and have you start receiving nasty collection calls making threats against you such as garnishing your wages, etc.
Why would the insurance company want to do this? Because it puts pressure on you to settle your case for less than fair value. They want you to be so stressed out that you will take whatever they want to pay you so the medical bills will be paid and the collection calls will end. Well, there is some good news: you should not play by the rules set by the insurance company and instead should know the truth.
The truth is that rarely will the other driver's insurance company pay for your medical bills as they are incurred. So, the best sources to pay your car accident-related medical bills are:
1. Your health insurance that you have through your employer or that you obtained on your own.
You should make sure that the hospital and other medical providers have the information they need to submit the bills to your health insurance. They may say, "we cannot do this because there is a third party responsible." This is hogwash. If you have health insurance, then they are required to pay your medical bills regardless if it is a car accident or not.
2. Your medical payments under your own automobile insurance policy.
If there is insurance on the vehicle you were in at the time of the crash and/or if you have car insurance on your own, then chances are good that there is some medical payments coverage available. The amount can vary from $1,000 up to $100,000 in medical payments coverage. It is usually best to use your medical payments coverage to cover your co-pays and deductibles. But why should my insurance pay for this and won't this increase my insurance premiums? Well, this is coverage that you bought to protect yourself, and if you are not at fault for the accident, then it should not affect your insurance premiums. As stated above, the other driver's insurance is highly unlikely to pay for any of your medical bills unless you sign a release letting them off the hook forever.
3. If You Don't Have Health Insurance
If you don't have health insurance and don't have any or enough medical payments coverage, then you could contact the medical provider to see if they are willing to write-off all or part of the balance given your financial situation. Many hospitals are not-for-profit, which requires them to write-off a portion of their medical bills each year to maintain the benefits they receive for being non-profit.
4. None of the Above Work
Then you could seek assistance from a local church, charity, family, or friends. Chances are if you are in this situation, then your medical bills may be one of your last concerns as you are probably having problems paying for your other bills.
There are other potential ways of paying your medical bills that a qualified Iowa personal injury attorney may be able to help you with. If you would like more information about medical bills in car accident cases here in Iowa, then request a copy of our book that we offer at no cost or risk to you. Our book also reveals 7 Secrets to Not Wreck Your Claim.
Crushed Vertebrae from Car Accident
When someone suffers crushed vertebrae, it means the spinal bones (vertebrae) become compressed. It may occur in the lower back as well as other parts of the spine. But it's not just a matter of the vertebrae getting crushed; they fracture. And it takes a great deal of force for that to happen.
How can a car accident lead to crushed vertebrae?
A vertebral compression fracture requires a great deal of trauma to the back for it to occur. This can happen in a serious car crash, such as a head-on collision or when a victim gets pinned inside the vehicle. Sometimes it's a result of the occupant in a passenger car getting struck by something much larger, such as a semi.
What are the symptoms of crushed vertebrae?
The most common symptom is pain in the injured area. But it can spread elsewhere if it affects the spinal cord. This may include:
- other parts of the back;
- the neck;
- hips;
- stomach; and
- thighs (depending on the location of the injury).
Patients might experience tingling, weakness, and numbness. In the most severe cases, an accident victim who suffers crushed vertebrae may also suffer damage to the spinal cord, causing loss of feeling and paralysis.
What is the treatment for crushed vertebrae?
Treatment for a compression fracture of the spine usually starts with conservative measures such as:
- rest;
- a back brace;
- ice/heat therapy; and/or
- medication.
There are different types of medication that may help, such as nonsteroidal anti-inflammatory drugs to relieve pain. Sometimes muscle relaxants help as well.
When there are other serious injuries or the symptoms are significant, the individual may get admitted to the hospital. Surgery is often required if the crushed vertebrae are unstable or compressing the spinal cord.
Following surgery (and sometimes without surgery), the person may undergo some type of physical therapy. The goal is to strengthen the muscles and prevent further injury.
Most of the time, crushed vertebrae heal without complications. Of course, recovery takes longer when it's a severe injury. And it's possible the individual suffers long-term complications.
What damages should I seek in an accident claim?
If another party caused the accident that led to the crushed vertebrae, then Iowa law permits the accident victim to pursue a liability claim against the at-fault driver to recover damages.
The medical costs associated with the vertebral fracture may be recoverable through a car accident claim, for example. This should also include future expenses resulting from the injury, including any long-term care. If the patient suffered a spinal cord injury, damages can be especially substantial.
Medical costs are just one form of compensation an accident claim addresses. It's important to consider other financial losses, such as time missed from work. Whether it's a few weeks or longer, the at-fault driver's insurance company may have to cover lost wages and even lost earning capacity in the case of a permanent and severe injury. Oftentimes, with severe injuries, victims in a car accident can also recover damages related to their physical/emotional losses, such as pain and suffering.
Physical and emotional losses can include:
- mental anguish;
- disability; and
- reduced quality of life.
What kind of fault system is followed when it comes to a car accident in Iowa?
Iowa uses a modified comparative fault system when it comes to a car accident. However, fault must first be determined, which is something you and your Sanborn car accident lawyer can work together to prove.
After your car accident in Iowa, you'll have to prove who was at fault for the accident, and therefore, who is responsible for the damages. Often, more than one person has a certain degree of fault.
Proving Fault for Your Accident in Iowa
When you're trying to prove fault, you'll need to show that the other driver:
- owed you a legal duty of care;
- failed to fulfill that legal duty;
- caused the accident or your injuries; and
- you actually have injuries as a result of the accident.
Once fault has been determined, the insurance adjuster, judge, or jury will assign you a percentage of fault for the accident. Keep in mind that your total settlement will be reduced by your degree of fault.
Iowa's modified comparative fault system follows the 51% rule. This means that you're still able to seek compensation after your accident, provided you are less than 51% at fault in the accident.
For example, if you're 25% at fault for your accident, you can still pursue a claim for restitution, but your settlement will be reduced by 25%.
Proving fault is extremely important in a personal injury case, and because it isn't an easy feat, you'll need to consult with a Sanborn car accident lawyer to better your chances of receiving a higher settlement amount.
Seeking Legal Assistance
Seeking legal counsel from experienced Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.