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Life can be abruptly disrupted by accidents and injuries. In such challenging moments, personal injury lawyers are crucial allies. They advocate for those affected by negligence, helping them secure proper compensation. This article discusses the significant 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
Personal injury cases can be complex, often involving numerous tactics and defenses used by insurance adjusters to deny, discredit, or delay claims. Being aware of these tactics and knowing how to counter them is essential for anyone involved in a personal injury case. This article will explore common insurance adjuster tactics, ways to protect yourself, and the process of filing a personal injury claim, with a focus on bicycle accidents.
Common Insurance Adjuster Tactics
Accessing Your Medical Records
Insurance adjusters may request access to your medical records, seemingly to verify the injuries related to the accident. However, they often seek access to your entire medical history, looking for pre-existing conditions or unrelated health issues to minimize your claim. It’s crucial to limit the release of your medical records to only those related to the accident.
Offering a Quick, Low-Ball Settlement
Adjusters know that accident victims may be desperate for quick compensation. They might offer a low settlement shortly after the accident, hoping you'll accept it before understanding the full extent of your injuries or consulting an attorney. Accepting this offer usually requires you to sign a full release, forfeiting any future claims even if your medical condition worsens.
Surveillance
Insurance companies may place you under surveillance to catch you performing daily activities that could be used to argue that your injuries are not as severe as claimed. Such evidence can be taken out of context and used to undermine your claim or accuse you of insurance fraud.
Discouraging Legal Representation
Adjusters may try to dissuade you from hiring a lawyer, promising fair treatment and quick resolution. They know that with legal representation, you are more likely to receive a fair settlement and that their tactics will be less effective.
Ways to Protect Yourself from Shady Insurance Adjuster Tactics
Understanding Your Rights
Educate yourself about your rights and the personal injury claims process. Being informed will help you navigate interactions with insurance adjusters and protect your interests.
Evaluating Your Insurance Policy
If an adjuster denies your claim or misinforms you about your coverage, review your original insurance policy agreement carefully. If you cannot find it, insist on having the policy submitted in writing. If the adjuster refuses, consult an attorney.
Controlling Access to Your Medical Records
You have the right to refuse a broad release of your medical records. Only provide records pertinent to the accident. Consult with an attorney before releasing any medical information.
Assuming You Are Under Surveillance
Operate under the assumption that you are being observed. Follow your doctor’s advice and avoid performing tasks that contradict your injury claims without assistance.
Not Accepting Quick Settlements
Avoid accepting the first settlement offer. It’s often lower than what you deserve. Have a reasonable compensation amount in mind and negotiate accordingly. Always consult with a lawyer before signing any agreements.
Filing a Personal Injury Claim
Determining Fault
Determining fault is crucial in a personal injury claim. If the other party is at fault, you will file a claim with their insurance company. If you have coverage like uninsured or underinsured motorist insurance, you might file with your own insurer.
Seeking Medical Help and Documenting Treatment
Seek medical attention immediately after the accident. Document all treatments meticulously, including the initial date of injury, dates of treatments, prognosis, and any medications or surgeries.
Filing the Claim
File your claim as soon as possible. Be truthful and thorough in your documentation. Consult an attorney to guide you through the process and ensure you do not make any mistakes that could jeopardize your claim.
Proving Fault
Gather evidence to prove the other party’s negligence. This includes photos, witness testimonies, and any other relevant documentation. Negligence can involve speeding, drunk driving, failure to yield, and other reckless behaviors.
Negotiating a Settlement
Do not accept the first settlement offer. Negotiate for a fair amount that covers all your expenses and damages. If the insurance company refuses to offer a fair settlement, consider pursuing a personal injury lawsuit.
Specific Considerations for Bicycle Accidents
Iowa Bicycle Laws
Understanding Iowa’s bicycle laws can help determine fault in an accident. Cyclists must abide by rules such as passing on the left, riding with traffic, using lights after dark, and stopping for school buses. Familiarize yourself with these laws to strengthen your case.
Reporting the Accident
Report all traffic crashes involving a bicycle and exchange information with the other party. Document the scene and gather evidence to support your claim.
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.