Attorneys
- Ankeny Personal Injury Attorneys
- Phone: 641-792-3595
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If you or a loved one has been injured in Ankeny in a car accident, work injury, dog bite, motorcycle crash, or any other personal injury incident, the choices you make in the days, weeks, and months that follow will directly determine how much compensation you recover. Insurance companies are working against you from the moment a claim is filed, and common mistakes made during medical treatment can cost you thousands of dollars. This guide covers the three most important areas every injured Ankeny resident needs to understand: what the insurance company does not want you to know, how to avoid critical errors during medical care, and whether you have to accept the settlement offer on the table.
Can You Trust the Insurance Company After an Injury in Ankeny?
In Iowa alone, there are more than 100 insurance companies that sell various types of coverage. While people generally purchase insurance to protect themselves against future loss, paying your premiums does not mean the insurance company will look out for you when a claim is filed. Some injured people mistakenly believe that their own insurance company will pursue the at-fault party on their behalf. In reality, while your insurer may try to recover what it paid for property damage, it is highly unlikely to pursue a claim for your personal injuries.
When you are dealing with another insurance company, such as the insurer for a driver who injured you or the workers' compensation company for your employer, there are critical facts to keep in mind.
1. The insurance company is not representing you or your best interests.
2. They are not required to tell you the truth.
3. The insurance company is in the business of making the most profit possible, which means paying you as little as possible.
4. The insurance adjuster may be friendly toward you, but they are not looking out for you.
5. Insurance companies are in the business of selling insurance and do not like paying claims.
You can read more about what to expect from insurers in Iowa injury cases in the iowainjured.com guide on whether you can trust the insurance company in Iowa.
Five Essential Tips for Dealing with the Insurance Company
Knowing the insurance company's motivations is only the first step. Knowing how to conduct yourself during the claims process is equally important. Experienced Iowa personal injury attorneys offer the following guidance:
Anything you say can and may be used against you by the insurance company and their lawyers. Even a small lie can destroy your credibility, so the best approach is always to tell the truth. That way you will never have to worry about what you said or how it might be twisted later in the process.
When dealing with an insurance adjuster, you need to be smart and careful because anything you say could be used against you. Insurance companies have trained professionals working for them. You should have a professional on your side as well. If you hire an injury attorney, your attorney will deal with the insurance company on your behalf so you do not have to navigate those conversations alone.
Document your damages by keeping a diary or journal of how you are feeling each day. Your diary or journal will help you prove the full extent of your damages and can result in a higher evaluation of your claim. This includes keeping doctors' excuses for missed work, tracking the time you miss work for medical appointments, and retaining all medical bills and explanation of benefits forms from your health insurance company.
The medical records generated when you visit your doctor, physical therapist, or other medical providers are extremely important. They will include your description of how you were injured, your physical complaints, your diagnosed injuries, the doctor's examination findings, and the treatment you received. The insurance company will base its offer to you on this critical information. If you fail to tell the doctor everything that hurts, not only will it not be properly treated, but nobody will know about it, and the insurer will use that silence against your claim.
Failing to see a physician regularly is treated as evidence that you have fully recovered, by the insurance company and eventually by a judge or jury. While you should not go to the doctor every day, you need to keep your appointments and tell your doctors if you are still having problems. If your doctor says to follow up as needed, that means to return within a few weeks if you are still experiencing symptoms. Failing to do so sends the message to everyone that you are no longer hurting.
Critical Mistakes to Avoid When Dealing with Doctors After an Injury in Ankeny
Many injured people do not realize how significantly their interactions with medical providers can affect their personal injury case. Common mistakes made during medical treatment can make the difference between a strong claim and one that falls apart. Whether you were hurt in a car accident, work injury, motorcycle crash, dog bite, or any other incident in Ankeny, the following errors are the most damaging ones to avoid.
It is your responsibility to prove that you were injured by the accident. If you have any pain or physical problems, seek medical care right away. Insurance companies and juries tend to believe that if a person does not seek immediate medical attention, the condition may not be related to the accident. Even relatively minor pain can lead to bigger problems later. The first words out of the insurance company's attorney to a jury should not be that you did not bother seeing a doctor until three days after the accident.
The job of your medical providers is to focus on your injuries and provide treatment. They do not need to know about your lawsuit or whether you have an attorney. Whatever you say to your medical providers is not confidential once you bring a personal injury claim. Anything and everything you tell them will end up in your medical records that the insurance company and potentially a judge and jury will review. Tell your providers how you were injured, such as the date and location of a car accident, but keep legal concerns out of those conversations entirely.
Doctors will typically ask whether you have previously had any injury to the same area of the body now giving you problems. You must be honest. Your past medical history will eventually surface because all prior medical records are made available to the insurance company. Providing incomplete or inaccurate information not only affects the quality of your care but also seriously damages your credibility. Be honest when describing the accident as well. Do not tell your providers your car was totaled if it was only repaired. The insurance company's lawyers will attack your credibility with anything they can find, and you do not want to hand them extra ammunition.
When you miss an appointment, your medical record will note a ""No Show"" or ""DNS"" notation. More than one of these entries makes it look like you did not take your own injuries seriously. Showing up late or missing appointments also upsets your medical providers, and doctors who are frustrated with their patients often do not make strong witnesses for those patients. If you need to cancel or reschedule, call at least 24 hours in advance. You do not want the insurance company's lawyer telling a jury you missed multiple appointments while claiming serious injuries.
Your medical records are the heart and lungs of your injury claim. If there is no mention in those records of how your injury affects your ability to do your job, the insurance company and jurors will not simply take your word for it later on. If your injury is negatively impacting your work, document this by telling your healthcare provider at every appointment. Bringing written notes to your appointments can help ensure that nothing important is omitted from your records.
Pain is something your medical providers cannot feel, see, or touch, but they are required to document it. Insurance companies and juries will look closely at how quickly you reported pain after the accident, where it was located, how severe it was, and how long it lasted. Write out your pain and limitations before each appointment and give your doctor a copy so nothing is missed. Do not exaggerate. If you describe your pain as unbearable but appear comfortable during the office visit, a negative notation will appear in your records and undermine your entire claim. When asked to rate pain on a scale of one to ten, keep in mind that a ten represents the worst imaginable pain, and most people have not experienced pain above an eight in their lifetime.
Doctors prescribe specific medications for specific reasons and time periods. Follow your doctor's recommendations. If you believe a medication is causing unwanted side effects, call your provider and schedule an appointment rather than simply stopping on your own. Some medications must be tapered off gradually. Admitting later that you did not follow your doctor's orders gives the insurance company another avenue to attack the seriousness of your injuries.
Juries and insurance companies tend to assume that when a person stops seeking medical treatment, they have healed. Significant gaps in treatment of a month or more will be used against you with the argument that you recovered from the original injury and may have sustained a new one you have not disclosed. If your doctor releases you or tells you to come back as needed but your problems continue, return within a few weeks. Your doctor may be able to refer you to a specialist who can provide additional care.
Keep business cards, bills, and other records from every medical provider you see. Your attorney will need this information to obtain your complete medical records. You should also keep copies of work excuses, restrictions, referrals, and any other orders given to you during your treatment. If you give a work excuse to your employer, always keep a copy for yourself as well.
Pain, limited activity, and disability often cause anxiety and depression following a personal injury. These psychological conditions are just as real as any physical injury that appears on an x-ray. However, most people cannot overcome these conditions without appropriate medical care and treatment. You can be compensated for psychological conditions caused by your injury, but only if they are properly diagnosed and treated. Unless your mental health issues are documented and addressed through medical care, it is unlikely you will be compensated for them.
For a deeper look at all ten mistakes and how they affect your case, review the iowainjured.com guide on avoiding mistakes when dealing with doctors after an injury.
Do You Have to Accept the Insurance Company's Settlement Offer in Iowa?
One of the most consequential decisions an injured Ankeny resident will face is whether to accept a settlement offer from the insurance company. The clear answer under Iowa law is that you do not have to accept any settlement offer. However, there are several important questions you need to be able to answer before making that decision.
First, are your injuries minor enough that settling on your own makes financial sense, meaning you might avoid paying an attorney a percentage of your settlement? Second, if your medical bills have been paid by your health insurance or another insurer, who will be reimbursed for those payments? This is called subrogation, and failing to understand it can result in your entire settlement being consumed by reimbursement obligations. Third, how much time remains before the statute of limitations expires on your claim? Missing that deadline almost certainly means receiving nothing.
If you do not know the answers to these questions, speaking with a qualified Iowa personal injury attorney before making any decisions is strongly recommended. Failing to do so could cost you thousands of dollars or your entire case.
Settlement Negotiations: What You Need to Know
It is very rare that the insurance company's first offer is their best offer. If you are attempting to represent yourself, you should negotiate with the adjuster. Keep in mind that anything you tell the adjuster can and will be used against you in your claim and later in any lawsuit, so be thoughtful about what you say and never lie. Insurance companies share databases, so if you have prior injuries or accidents, they will find out. It is also not productive to threaten the insurance adjuster. Being calm and reasonable will typically get you further than anger.
You should also know your own facts well: how the injury happened, who treated you, and what conditions you have been diagnosed with. Going into a settlement negotiation without that knowledge puts you at a serious disadvantage.
Before agreeing to any settlement, it is always a smart decision to speak with a qualified Iowa injury attorney to find out whether you are being treated fairly. Yes, you can ask friends and family what they think, but it is far better to ask someone who deals with insurance companies every day and has handled hundreds of injury cases similar to yours. No two cases are identical, but they all share common elements that an experienced attorney can spot quickly.
How the Value of Your Ankeny Personal Injury Claim Is Evaluated
Understanding the factors that determine what your claim is actually worth is critical before accepting any offer. Experienced Iowa personal injury attorneys evaluate the following when assessing a claim's value:
- The severity and full extent of the injuries sustained
- The nature of the injuries, including whether multiple body parts were affected
- Whether there are objective injuries such as broken bones confirmed by medical imaging
- Whether the injured person was hospitalized as a result of the incident
- Whether surgery was required
- How much time the injured person missed from work
- Where the injured person was working at the time of the injury
- How much insurance coverage is available from all applicable policies
- Whether there is a claim available for underinsured motorist coverage
No two cases are alike, but all injury claims share common factors that an experienced attorney uses to protect their client's interests. For a full breakdown of settlement considerations in Iowa, visit the iowainjured.com article on whether you have to accept the insurance company's settlement offer.
How an Ankeny Personal Injury Attorney Protects Your Case
Navigating a personal injury claim in Ankeny means facing an insurance company that has trained professionals, deep resources, and a clear financial motivation to pay you as little as possible. An experienced Iowa personal injury attorney levels that playing field at every stage of the process.
From ensuring your medical records accurately reflect your pain, limitations, and how your injuries affect your work, to advising you on subrogation obligations and statute of limitations deadlines, to pushing well past a low first settlement offer that the insurance company calls final, a qualified attorney provides the guidance and advocacy that injured people in Ankeny deserve. Whether your injuries came from a car accident, motorcycle crash, work injury, dog bite, or any other incident, getting a free consultation with an experienced Iowa injury attorney costs you nothing and could mean the difference between a fair recovery and one that leaves you with uncompensated losses for years to come.
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.