Adel Personal Injury Attorneys

The Insurance Company Is Not On Your Side

This is one of the most important things any personal injury victim in Adel needs to understand from the very start: insurance companies are in business to make a profit. They would rather collect premiums than pay claims. The insurance adjuster who contacts you after an accident may be polite and even sympathetic, but that adjuster is not on your side and is under no legal obligation to help you. The law does not even require them to tell you the truth.

The adjuster's primary job is to pay you as little money as possible and close your case. Knowing that going in can make all the difference in how you handle the process. There are several key things every Adel personal injury victim should keep in mind when dealing with an insurance adjuster.

Always Tell the Truth

The adjuster will not simply take you at your word. They will want documentation for your lost wages, your medical care, and any prior medical treatment you have received. If you forget about past treatment or provide inaccurate information, the insurance company will very likely find out through their own investigation and reduce their offer accordingly. Honesty from the beginning protects both your credibility and the value of your claim.

Be Cautious With Recorded Statements

You are generally not required to provide a recorded statement to the other party's insurance company. If they insist, you may want to agree to provide a statement, but request that it not be recorded. If you are making a claim against your own insurance company because the other driver had no insurance or insufficient coverage, your policy may actually require you to give a recorded statement. In either situation, keep in mind that a recorded statement carries the same weight as a deposition under oath. If you are asked a question you do not understand, say so before answering. Be especially careful with broad questions like whether you have ever had back pain before. A truthful but well-considered answer matters enormously.

Do Not Hide Prior Accidents or Injuries

Insurance companies maintain databases containing all prior claims made by individuals across the country, covering both property and personal injury damages. Failing to disclose prior claims or injuries will raise a red flag in your file and can seriously damage your case if the omission surfaces during a recorded statement or legal proceeding.

Stick to the Facts

Adjusters handle hundreds of files each year and are trained to look for information that reduces the value of a claim. Volunteering personal information unrelated to your injury, discussing problems at home, or losing your temper during a conversation with an adjuster can all be used against you. Stay calm, stick to the facts of the incident and your injuries, and answer only what is asked. If you feel yourself getting upset during a conversation, tell the adjuster you need a moment or that you will call back. Getting angry may signal to the adjuster that you are easily rattled, which tends to reduce the value of your case rather than increase it.

Know Your Statute of Limitations

Under Iowa law, you generally have two years from the date of injury to bring a personal injury claim. However, there are important exceptions. If a drunk driver caused your injury, you may have only 180 days to provide notice to the bar that served them. If you received weekly workers' compensation benefits after a work injury, your statute of limitations may be extended beyond two years. Waiting until the last minute to pursue your case puts you at a significant disadvantage. Most qualified Iowa personal injury attorneys need at least 120 days before the statute expires to properly investigate, identify all parties, and prepare the necessary documents. If you try to negotiate your case at the very end and are unsuccessful, finding an attorney willing to take your case with only weeks remaining becomes extremely difficult.

Understand What You Are Giving Up Before You Settle

Attempting to settle a personal injury case on your own means you need to fully understand that you are likely giving up all rights to future compensation and medical care in exchange for a payment today. You must also make sure you understand all the terms in writing. For example, if your health insurance paid some or all of your medical bills, you may be required to reimburse your insurer from any settlement you receive. This is called subrogation, and failing to address it in a settlement can leave you paying out of pocket well after your case is closed.

Mistakes With Your Doctors That Can Hurt Your Personal Injury Claim

Many people who are injured in accidents do not realize just how closely their medical treatment is scrutinized throughout a personal injury claim. Your medical records are the foundation of your case. What is in them, and what is not in them, can directly affect the compensation you recover. Here are the most critical mistakes to avoid when dealing with your doctors after an injury.

Failing to See a Doctor Right Away

It is your responsibility to prove that you were injured by the accident. If you have any pain or symptoms, seek medical care immediately. Insurance companies and juries tend to believe that if a person does not seek immediate medical attention, the condition may not truly be related to the accident. Even relatively minor pain can develop into something more serious over time, so getting evaluated promptly protects both your health and your claim. The last thing you want is for the opposing attorney to tell a jury that you did not bother seeing a doctor until days after the accident.

Talking About Your Legal Case With Your Medical Providers

Your medical providers are focused on treating your injuries, and they do not need to know about your lawsuit or your attorney in order to do that. Anything and everything you say to a medical provider will end up in your medical records, which the insurance company and potentially a judge and jury will have access to. You will need to tell your doctors how you were injured, such as noting that you were in a car accident or that you were lifting at work when your back gave out. However, your concerns about your case and your legal strategy should not come up in the exam room.

Hiding Your Health History From Your Doctor

Your doctors will ask about prior injuries to the same area of your body where you are now experiencing problems. Be honest. Your medical history is used to diagnose and treat you, and providing incomplete or inaccurate information does not just hurt your care, it hurts your legal case. All of your prior medical records will eventually be made available to the insurance company. Providing false details about the accident or your history gives the insurance company's lawyers ammunition to attack your credibility.

Missing or Arriving Late to Appointments

When you fail to attend a medical appointment, your records will reflect a "No Show" or "DNS" notation. Even when you have a valid reason for missing, these notations look bad. Multiple missed appointments suggest to the insurance company, and to a jury, that you did not take your injuries seriously. Doctors who feel their time is being disrespected often do not make effective advocates for their patients. If you must cancel, do so at least 24 hours in advance.

Not Telling Your Doctor How Your Injury Affects Your Work

Your medical records are the heart of your injury claim. If there is no mention in your records of problems performing your job, it is very unlikely that the insurance company or a jury will simply take your word for it later. If your injury is negatively affecting your ability to work, tell your healthcare provider at every appointment. Consider writing notes before appointments to make sure you communicate everything your doctor needs to know.

Allowing Your Pain to Be Improperly Documented

Pain is invisible. Insurance companies and juries look to medical records to verify that pain was reported, where it was located, how severe it was, and how long it lasted. Prepare a written summary of your pain and limitations to give your doctor at each appointment. Be accurate and consistent. If you describe your pain as a "10" out of 10 while sitting comfortably in the office, your doctor may note the inconsistency, and that notation can seriously undermine your claim.

Stopping Treatment Too Soon or Letting Large Gaps Occur

Juries and adjusters generally believe that when a person stops seeking medical treatment, they have healed. Significant gaps between treatments of a month or more may be interpreted as evidence that you recovered from the original injury and potentially sustained a new, undisclosed one. If your doctor tells you that you are "released" or to "come back as needed" but your symptoms persist, return for follow-up care within a few weeks. Ask for a referral to a specialist if necessary.

Neglecting Mental Health Treatment

Pain, limited activity, and disability following an accident often cause anxiety and depression. These are real, compensable conditions, just as legitimate as a broken bone visible on an x-ray. Unless your mental health issues are properly diagnosed and treated, it is very unlikely that you will be compensated for them. Tell your doctors if you are struggling emotionally following your injury and follow through with any recommended treatment.

Cervical Radicular Pain After a Personal Injury Accident

One of the most common and debilitating injuries that results from car accidents, slip-and-fall incidents, and other personal injury events is cervical radicular pain, also called radiculopathy. This is a condition in which the nerves stop working properly due to a malfunction at the root of the nerve. It can result in pain, numbness, weakness, and loss of motor control. Even though the problem originates in the spinal area, the pain is frequently felt in other parts of the body, including the arms and hands.

What Causes Cervical Radicular Pain?

In many cases, a herniated disc resulting from trauma such as a car accident or a slip-and-fall is the underlying cause of cervical radicular pain. The material from the ruptured disc puts pressure on the nerve root, compressing it and producing pain. Arthritis and other degenerative bone diseases can also be responsible for this condition.

Traditional Treatments for Cervical Radicular Pain

Many patients begin with conservative therapies. Treatment often includes corticosteroids and pain medication, either through injection or taken orally. Physical therapy is another common component, and may include cervical traction performed mechanically or manually. When conservative treatment fails and pain becomes intolerable, surgery is often the next step. However, there is an important alternative procedure worth understanding before reaching that point.

The Epidural Nerve Block Procedure

The epidural nerve block procedure involves the injection of a corticosteroid into the epidural space of the spine. The physician uses a fluoroscope to obtain real-time X-ray images during the procedure, and a contrast medium confirms that the needle is placed correctly before the medication is injected. A local anesthetic such as lidocaine is also administered into the epidural space. Pain relief is then monitored over a set period of time.

This procedure is minimally invasive and may be an excellent alternative to surgery for some patients. Complications are generally minor and may include a risk of infection, slight bleeding, or minor pain at the injection site. Patients should discuss the full range of possible side effects with their physician before proceeding.

If another party caused the accident that led to your cervical radicular pain, the costs of an epidural nerve block procedure may be recoverable as part of your personal injury claim. Patients living with this condition often find that their lives become centered around pain management, leaving them unable to work, sleep, or enjoy everyday activities. Compensation for medical bills, lost wages, and pain and suffering may all be available to you.

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.

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