Anamosa Personal Injury Attorneys

Getting injured is hard enough. But in the days and weeks that follow, injured people in Anamosa and across Jones County face a second challenge that can be just as damaging to their future: making costly, avoidable mistakes when dealing with insurance companies and medical providers. The decisions you make early on will have a lasting impact on the value of your claim and the quality of care you receive.

The experienced personal injury attorneys at Walker, Billingsley & Bair have worked with injured Iowans since 1997 and have seen far too many hardworking people lose money they were rightfully owed simply because they did not know what to do. The information below is based directly on guidance the firm has made available to the public, and it covers the most important things you need to know right now.

What Insurance Adjusters Are Really Doing

One of the most common and costly misconceptions injured people have is that the insurance adjuster assigned to their claim is there to help them. They are not. Whether you are dealing with a large carrier like Liberty Mutual, Travelers, or Zurich, or a third-party administrator like Sedgwick or Gallagher Bassett, every adjuster has the same primary job: to pay you as little money as possible in order to maximize the insurance company's profits.

Insurance adjusters are trained in techniques specifically designed to reduce the value of your claim, convince you to accept a small settlement, and keep the upper hand in any negotiation, especially when you are not represented by an attorney who knows Iowa law. While an adjuster may act like your friend and seem genuinely concerned about your situation, they do not have your best interests in mind. In fact, they can legally mislead you without consequence.

Understanding which insurance company is handling your claim matters, because each operates differently. Here is a closer look at some of the major carriers active in Iowa and what injured people often experience with each:

EMC Insurance

EMC is a Des Moines-based company and one of the largest workers' compensation insurers in Iowa. Their adjusters are often responsive and may come across as reasonable. Even so, do not let their pleasant demeanor convince you that they are on your side or that the amount they say they owe you is the full amount you are entitled to receive under Iowa law.

Liberty Mutual

Liberty Mutual is consistently one of the top writers of workers' compensation coverage in Iowa. One important thing to know: they have in-house Iowa attorneys available to assist their adjusters. Sometimes that attorney will quietly guide the adjuster's strategy; other times they will take an active role in your case. If an attorney steps in to handle your claim, you should strongly consider having your own attorney in your corner. Under Iowa's workers' compensation changes made in 2017, for example, being persuaded to "retire" rather than being formally terminated could cost an injured worker tens of thousands of dollars.

Sedgwick and Gallagher Bassett

These are third-party administrators, not insurance companies directly. They handle claims on behalf of self-insured employers or other carriers. Based on extensive experience handling Iowa injury cases, these adjusters tend to be among the most difficult to deal with, often failing to return calls, respond to letters, or provide records in a timely manner. A significant number of cases involving these administrators end up going to litigation.

Travelers and Zurich

Travelers operates a large claims center out of Overland Park, Kansas, and also uses in-house Iowa attorneys. Zurich, headquartered in Switzerland with over 53,000 employees worldwide, handles Iowa claims through adjusters who may have little familiarity with Iowa-specific law. Regardless of their familiarity with the state, all of these adjusters have been trained with one goal in mind: pay you as little as possible.

If you are unsure whether you need an attorney to help with your insurance claim, the firm at Walker, Billingsley & Bair offers a no-cost, no-obligation case review. There are some situations where they will honestly tell you that you can handle the matter yourself. But there are many more where having experienced representation is the difference between a fair recovery and a costly mistake. You can also read more about what insurance companies do not want you to know before making any decisions.

10 Mistakes to Avoid When Dealing With Your Doctor After an Injury

Many injured people do not realize that what happens during their medical treatment is just as important to their case as what happens during negotiations with the insurance company. Your medical records are, as attorneys often say, the heart and lungs of your injury claim. What is in those records, and what is missing from them, can make or break your ability to recover fair compensation.

Here are the ten most common mistakes injured Iowans make when dealing with their doctors, and how to avoid them:

1. Failing to See a Doctor Immediately

It is your responsibility to prove that you were injured by the accident. If you have any pain or symptoms at all, seek medical care right away. Insurance companies and juries frequently conclude that if someone did not see a doctor promptly, the condition was probably not serious or was not caused by the accident. Even minor pain can worsen significantly over time, so do not wait.

2. Talking With Your Medical Providers About Your Legal Claim

Your medical providers are there to treat your injuries, not to advise you on your legal situation. You do not need to discuss your lawsuit or whether you have an attorney with them. More importantly, anything you say to your medical providers is not confidential once you bring a personal injury claim. Everything you say can end up in your records and will eventually be reviewed by the insurance company, and potentially by a judge or jury. You do need to tell them how you were injured, but keep legal discussions to a minimum.

3. Hiding Your Medical History From Your Doctor

If a doctor asks whether you have had prior injuries or problems in the same area of your body, be honest. Trying to hide your health history will backfire. All of your prior medical records will eventually be made available to the insurance company, and if they find inconsistencies, their attorneys will use it to attack your credibility.

4. Missing or Showing Up Late to Appointments

Every missed appointment shows up in your records as a "No Show" or "DNS." More than one of these notations makes it look like you did not care about your own medical treatment. Doctors who are frustrated by patients who miss appointments often do not make strong witnesses on their behalf. If you must cancel, call at least 24 hours in advance.

5. Not Telling Your Doctor How the Injury Affects Your Work

If your injury is making it difficult or impossible for you to do your job, your doctor needs to know this and document it. If work limitations are not in your medical records, the insurance company and a jury are unlikely to take your word for it later. Consider bringing written notes to your appointments to make sure nothing important is left out.

6. Having Your Pain Poorly Documented

Pain cannot be seen or measured by your doctor, which means it has to be written into your records through what you tell them. The insurance company will look at your records to see how quickly you reported pain, where the pain was located, how severe it was, and how long it lasted. Write out your pain levels and symptoms before your appointments and provide that information to your doctor. One word of caution: do not exaggerate. If you rate your pain as a "10" while sitting comfortably in the office, the doctor will likely note the inconsistency, and that will hurt your case.

7. Not Taking Medications as Prescribed

If your doctor prescribes medication, take it as directed. If you experience side effects, call your doctor so they can consider alternatives. Stopping medication on your own without guidance can look like you did not follow your doctor's orders, and that creates problems in your case.

8. Stopping Treatment Too Early or Creating Long Gaps

Insurance companies and juries tend to assume that when a person stops seeking medical care, they have healed. Significant gaps between treatments of a month or more can be used against you, with the suggestion that a new injury must have occurred after you recovered from the original one. If your doctor releases you but you still have symptoms, return to see them. Ask for a referral to a specialist if necessary.

9. Failing to Keep Your Own Records

Keep business cards, bills, and records from every provider you see. Hold onto copies of all work restrictions, referrals, and excuses. If you give a work excuse to your employer, keep a copy for yourself. Your attorney will need this information to fully document and support your claim.

10. Ignoring Anxiety and Depression Following Your Injury

Pain, limited activity, and disability commonly lead to anxiety and depression after an injury. These are real, compensable conditions, just like a broken bone. However, unless they are properly diagnosed and treated, it is unlikely you will receive compensation for them. Tell your doctor if you are struggling emotionally, and seek appropriate treatment.

What an Experienced Anamosa Personal Injury Attorney Can Do for Your Case

Depending on the nature and severity of your injuries, you may or may not need an attorney. But it is always worthwhile to at least consult with an experienced Iowa personal injury attorney before making any decisions. At a minimum, ask for any free resources or books the attorney offers on your type of claim, whether it is a work injury, car accident, motorcycle crash, or dog bite. If an attorney is not willing to provide free information to help you, keep looking.

When evaluating any attorney, take time to look at their reviews on platforms like Google to see what past clients say about their experience, including the results they received. Not every attorney who advertises personal injury or workers' compensation work is equally experienced or capable. You want to hire the right attorney for your specific situation.

When you work with Walker, Billingsley & Bair, you take on no financial risk. The firm only gets paid if they are successful in your case, and if you are receiving workers' compensation benefits, they do not take anything from those payments. Their fee is based on a percentage of the additional recovery they obtain for you, whether through settlement, trial, or appeal.

Here is a detailed look at the tasks a personal injury attorney can handle on your behalf:

• Educate you about Iowa injury laws, which differ significantly from the laws in other states
• Gather documentary evidence including police accident reports, medical records, and bills
• Hire an investigator, if necessary, to locate and interview witnesses
• Collect other evidence such as photographs of vehicles and the accident scene
• Review and analyze legal issues such as comparative fault and assumption of the risk
• Speak with your physicians and obtain written reports that support your case and document your condition
• Analyze your insurance policy to identify any coverages that may help pay your medical bills while the claim is pending
• Review the validity of any liens on your case from doctors, insurance companies, or employers who claim a share of your recovery
• Contact the insurance company to place them on notice of your claim if that has not already been done
• Prepare you, your witnesses, and your healthcare providers for depositions if a lawsuit becomes necessary
• Draft written discovery and take depositions of the defendant and other witnesses
• Prepare a demand package to send to the defendant in an attempt to settle the case before trial
• Prepare for mediation and any other pre-trial settlement efforts
• Prepare medical, demonstrative, and other exhibits for trial if the case cannot be resolved
• Take your case to trial before a jury in most personal injury matters, or before a judge in workers' compensation cases
• Review any verdict to advise you on whether either side has grounds to appeal

This list covers many of the most common tasks, but every injury case is different. The work required in your case may be more or less involved depending on the facts, the severity of your injuries, and how the insurance company chooses to respond.

Do Not Wait to Get Help

If you or someone you love has been injured in or around Anamosa, Iowa, time matters. Evidence can disappear, memories fade, and insurance companies begin building their defense the moment a claim is filed. The longer you wait to understand your rights, the harder it can be to protect them.

Whether you are ready to speak with an attorney today or simply want to learn more about Iowa injury law first, Walker, Billingsley & Bair is here to help at no cost and no risk. Request a free Iowa injury book that applies to your situation, or call the firm directly to speak with someone who can answer your questions and let you know honestly whether you need an attorney or not.

You can also learn more about whether you need to hire an attorney or read about the risks of handling your Iowa injury case without professional representation before making your decision. The most important thing is that you do not let the insurance company guide the process without making sure you fully understand your rights as an injured Iowa resident.

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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