West Burlington Car Accident Injury Attorneys

Lives can be instantly upended by accidents and injuries. In such challenging moments, car accident injury lawyers become essential allies. They advocate for those injured by others' negligence, ensuring fair compensation. This article emphasizes the vital role these lawyers play in helping people manage their claims and restore their lives.

When a driver in West Burlington sustains a herniated disc in a car accident, they can seek compensation from the at-fault driver's insurance policy. Injured drivers can pursue both economic and non-economic damages, though they may face challenges in proving causation and the extent of their damages.

Herniated Discs: Symptoms and Prognosis

The spine consists of vertebrae, soft discs, and the spinal cord. These discs cushion the vertebrae and aid in flexibility, comprising a hard outer covering (capsule) and a softer inner jelly-like substance (nucleus). A herniated disc occurs when the inner portion protrudes through a weak or damaged spot in the outer covering, pressing on nerves in the spinal column.

Initial treatment for herniated discs often involves pain medications and physical therapy. If these methods do not alleviate the condition, surgery may be required. Surgical options include removing the protruding part of the disc or the entire disc. If the entire disc is removed, the vertebrae must be fused or a replacement disc inserted, leading to potentially lengthy recovery times.

Legal Recourse for Herniated Discs Caused by a Car Accident

To secure compensation, an injured driver must prove that the defendant was negligent, causing the accident, and that the accident directly caused the injury. Negligence involves failing to exercise reasonable care to prevent harm to others, and evidence of such behavior is critical in pursuing a claim or lawsuit. Injured drivers can claim both economic and non-economic damages related to herniated discs.

Economic damages may include:
- Medical expenses
- Lost wages
- Travel expenses for medical appointments

Non-economic damages may include:
- Pain and suffering
- Emotional distress

Challenges to Proving a Case

Defendants may argue that the herniated discs existed before the accident. Medical records before and after the accident can demonstrate causation. Iowa's modified comparative fault system requires plaintiffs to be 50% or less at fault to recover damages, and the amount recoverable is reduced by their percentage of fault. For example, if a plaintiff is 20% at fault in a $10,000 case, they can collect $8,000.

What is an Expert Witness for a Car Accident Case?

An expert witness is a professional with extensive experience and qualifications in a field relevant to a case. They provide expert testimony about disputed facts, such as determining fault or the extent of medical damages in an accident.

Handling Expert Testimony in Court

To testify, an expert witness must meet qualifications under the Iowa Rules of Evidence. Rule 5.702 states:

"If scientific, technical or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training or education may testify thereto in the form of an opinion or otherwise."

The judge decides if a witness meets these qualifications and if their testimony can help resolve a disputed fact. Before an expert testifies, a hearing may be held where opposing sides argue the qualifications of the expert. After testifying, the expert is subject to cross-examination to address potential flaws or biases.

How Expert Witnesses Help a Car Accident Case

Expert witnesses can address two major aspects of a car accident lawsuit: fault and damages.

Fault: An accident reconstructionist might testify about the accident details, such as vehicle speed, driver perspective, and impact forces. Engineers or scientists may testify in product liability cases or about roadway design errors.

Damages: Economists might testify about lost wages and benefits, while treating doctors may discuss injuries and required future treatments. Rehabilitation specialists might also provide testimony.

For those needing an expert opinion to prove their case, consulting a local personal injury attorney is advisable. Lawyers familiar with the law surrounding expert testimony can ensure qualified professionals testify in court.

Do I Still Have a Car Accident Injury Case if I Wasn’t Wearing a Seatbelt?

The short answer is yes, you still have a case. However, Iowa law requires all front-seat occupants to wear a seatbelt and anyone under 18 to wear a seatbelt in both the front and back seats. Iowa's comparative fault system can affect the outcome of such cases.

Comparative Fault and Seatbelt Usage

In 2018, Iowa passed a law (Iowa Code Section 321.445) increasing the percentage of fault a person can be assigned for not wearing a seatbelt from 5% to 25%. This means that if you were not wearing a seatbelt during a crash caused by someone else and your total damages are $100,000, being found 25% at fault would reduce your recoverable damages to $75,000.

Insurance companies may argue comparative fault even for backseat passengers not legally required to wear seatbelts. Judges may require defendants to submit medical evidence showing how injuries would have been less severe with seatbelt use. Jurors may also reduce compensation due to perceived fault, influenced by attribution bias.

Good Reasons to Always Wear a Seatbelt

1. Prevents ejection during a crash, a leading cause of death.
2. Reduces overall injury severity.
3. Avoids reduction in recoverable damages.
4. Prevents fines for front-seat occupants over 18.

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.