State Center Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become indispensable. They advocate for those harmed by negligence, helping them secure fair compensation. This article delves into the vital role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Common Tactics and Defenses Insurance Adjusters Use in Personal Injury Cases

Navigating a personal injury claim can be a complex process, particularly when dealing with insurance adjusters who may employ various tactics to undermine your claim. Understanding these tactics and knowing how to protect yourself is crucial for ensuring fair compensation.

Common Insurance Adjuster Tactics

1. Accessing Your Medical Records
   Insurance adjusters may request access to your medical records. While this might seem justified, it often extends beyond the scope of the accident-related injuries. By accessing your entire medical history, the adjuster may look for pre-existing conditions to minimize your claim. Always limit the release of your medical records to those pertinent to your accident.

2. Offering a Quick, Low-Ball Settlement
   After an accident, adjusters might offer a quick settlement. These offers are usually lower than what you deserve and are made to close the case before you fully understand the extent of your injuries. Accepting such offers means signing a full release, which prevents you from seeking further compensation if your condition worsens.

3. Surveillance
   Insurance companies may place you under surveillance to capture activities that could suggest you are not as injured as claimed. Simple daily tasks, taken out of context, can be used against you to argue that your injuries are not severe.

4. Discouraging Legal Representation
   Adjusters may suggest that hiring an attorney is unnecessary and that they will handle your claim fairly. However, this is a tactic to avoid dealing with a legal professional who knows how to counter these strategies.

Ways to Protect Yourself

- Know Your Rights
  Educate yourself about your rights and the personal injury claims process. This knowledge will help you identify and counteract underhanded tactics.

- Document Everything
  Keep meticulous records of all communications with the insurance company, medical treatments, and other relevant details. This documentation can be crucial if disputes arise.

- Refuse Broad Access to Medical Records
  Only release medical records that are directly related to your injury from the accident. You have the right to refuse access to unrelated medical history.

- Be Cautious of Surveillance
  Always assume you might be under observation and follow your doctor’s advice regarding physical activities. This minimizes the risk of appearing healthier than you are.

- Avoid Quick Settlements
  Do not rush into accepting the first settlement offer. Consider the long-term implications and consult with an attorney before signing any agreements.

Proving Liability for a Car in a Right Turn Bicycle Accident

Right turn bicycle accidents, often referred to as "right hook" accidents, commonly occur when a car turning right collides with a bicyclist traveling straight. Proving liability in these cases typically involves demonstrating the driver’s negligence.

How Right Turn Bicycle Accidents Occur

- Approaching Intersections
  A common scenario involves both the car and bicyclist approaching an intersection. The driver, often not seeing the bicyclist, turns right into their path.
  
- Overtaking Vehicles
  Another situation occurs when a bicyclist overtakes a slower-moving vehicle on the right, placing themselves in danger if the car turns right.

- Traffic Light Incidents
  Both the car and the bicyclist may be waiting at a light. When the light changes, the car turns right, colliding with the cyclist.

Proving Driver Negligence

To establish liability, several types of evidence are essential:

- Police Reports
  A detailed police report can document the scene and any citations issued, which can support your claim.
  
- Eyewitness Accounts
  Witnesses can provide critical testimony about the actions of both the driver and the bicyclist before the accident.

- Traffic Cameras and Surveillance
  Footage from traffic cameras or nearby businesses can corroborate your account of the incident.

Avoiding Right Turn Bicycle Accidents

- Maintain Safe Distances
  Keep a safe distance from vehicles, especially near intersections, to anticipate turns or lane changes.
  
- Avoid Passing on the Right
  Pass vehicles on the left when possible to avoid the danger zone of right-turning cars.

What Are the Available Damages in a Dram Shop Claim?

Dram shop claims involve holding establishments accountable for serving alcohol to visibly intoxicated individuals who subsequently cause harm. Understanding the damages available in such claims is vital for victims seeking compensation.

Types of Damages in Dram Shop Claims

1. Medical Expenses
   - Covers all medical bills related to the accident, including physical and occupational rehabilitation.

2. Pain and Suffering
   - Compensation for physical and emotional distress, including PTSD and trauma from severe injuries or disfigurement.

3. Lost Income
   - Reimbursement for lost wages or income due to the inability to work, including benefits like medical insurance or retirement contributions.

4. Property Damage
   - Covers repair or replacement of property damaged in the accident, such as vehicles and personal items.

5. Wrongful Death
   - Compensation for surviving family members, including medical and funeral expenses, lost future income, and loss of companionship.

6. Punitive Damages
   - Awarded in cases where the defendant's conduct was particularly egregious, serving as a punishment and deterrent.

Basics of Dram Shop Law

In Iowa, dram shop claims are governed by specific legal requirements and time limits. Victims must notify the establishment within six months of the incident and file the claim within two years. Both the intoxicated driver and the establishment can be sued, with liability apportioned between them.

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.