Webster City Personal Injury Attorneys

Life can be suddenly disrupted by accidents and injuries. In these tough periods, personal injury lawyers are key allies. They specialize in advocating for those harmed by others' negligence, ensuring they receive rightful compensation. This article examines the important role personal injury lawyers play in guiding individuals through their claims and aiding in their recovery.

Do You Have to Accept the Insurance Companies Settlement?

In Iowa, you definitely do not have to accept an insurance company settlement offer, but there are several things to keep in mind:

Assessing the Situation

1. Injury Severity: Are your injuries minor? If so, you may be better off settling the case on your own to avoid paying an attorney a percentage of your settlement.
2. Subrogation: If your medical bills have been paid by your health insurance or another insurance company, who will be reimbursing them? This can cost you your entire settlement if you do not know what you are doing.
3. Statute of Limitations: How much time do you have until the statute of limitations expires? If you let it expire, you will likely receive nothing.

If you don't know the answers to any of the above questions, it is strongly recommended that you at least contact and speak with a qualified Iowa injury attorney. Failing to do so could cost you thousands of dollars and sometimes your entire case.

Settlement Negotiations

Keep in mind that it is very rare for the insurance company's first offer to be their best offer. You should definitely try to negotiate with the insurance adjuster if you are representing yourself, but keep in mind the following:

1. Communication: Anything you tell the insurance adjuster can and will be used against you in your claim and later on if there is a lawsuit. Be careful about what you tell the insurance adjuster, but definitely do not lie. They will find out about prior injuries and accidents through their shared database.
2. Professionalism: It is not a good idea to threaten the insurance adjuster. Being nice will generally get you further than being upset and angry.
3. Knowledge: You should know your facts, including how the injuries happened, who you treated with, and the conditions you have been diagnosed with.

Before agreeing to any settlement offer in a case involving injuries, it is always a good idea to speak with a qualified Iowa injury attorney to find out if you are being taken advantage of or being treated fairly. Consulting family and friends can help, but it is better to ask someone who deals with insurance companies daily and has handled hundreds of injury cases similar to yours.

Evaluating the Value of a Claim

Several factors contribute to the evaluation of a claim:

a. The severity and extent of the injuries.
b. The nature of the injuries, such as multiple body parts being injured.
c. Presence of objective injuries like broken bones.
d. Hospitalization requirements.
e. Necessity of surgery.
f. Time missed from work.
g. Employment status at the time of injury.
h. Available insurance coverage.
i. Potential for an underinsured motorist claim.

Dramshop Claims in Iowa

Iowa’s Dramshop Law holds bar owners, liquor licensees, or permittees liable if they sell and serve alcohol to an intoxicated person who then causes injury. The law intends to restrain bars and restaurants from selling excess liquor to their patrons. All civil damages are available in a dramshop case, including medical bills, lost wages, damaged property, pain and suffering, and wrongful death. Only those injured by the intoxicated patron can sue; the intoxicated person themselves cannot.

Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company, but sometimes alternative means of reaching an agreement are necessary to avoid going to trial.

Arbitration

Arbitration is similar to a courtroom hearing but with fewer rules surrounding evidence. An arbitrator reviews the facts, listens to witnesses, and makes a final decision. It is less costly than litigation and usually takes less time. Arbitration can be binding or non-binding.

Mediation

Mediation is an even less formal method of resolution. The mediator is an unbiased third party who helps both sides reach a mutually satisfactory agreement. Mediation avoids litigation, saves time, money, and stress. It involves both parties meeting together and then separately with the mediator who facilitates the negotiation process.

Pros and Cons of Alternative Dispute Resolutions

Benefits include saving time, money, and hassle. Parties may approach resolutions more calmly and rationally. Mediation allows both sides to have more say in the final outcome. However, if alternative resolutions fail, more funds must be spent on litigation.

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.