Atkins Car Accident Injury Attorneys

If you or a loved one has been injured in a car accident in Atkins, you probably have questions such as who should pay your medical bills, how you will be paid for lost wages, and whether the other driver has enough insurance coverage to take care of your damages. Some of the terms used by insurance companies can be confusing, and as someone injured in an Atkins car accident, you have both rights and responsibilities that are important to understand in order to avoid making a costly mistake in your case.

Common Questions After an Atkins Car Accident

Should You Tell Your Medical Providers to Bill the Other Driver's Insurance?

No. If you do this, chances are your medical bills will not be paid, and you may eventually be turned over to a collection agency. The other driver's insurance company will almost never pay your medical bills as they are incurred. An adjuster may say to send the bills their way, but that is not an agreement that they will actually be paid. This is a common technique used by insurance adjusters to later put pressure on you to settle cheaply once collection agencies start calling. Instead, your bills should be submitted to your own health insurance company first. If you do not have health insurance but have car insurance with medical payments coverage, those bills can be submitted there instead. It is also important to review your health insurance explanation of benefits forms to confirm the bills are actually being paid, or whether more information about the accident is needed first.

Will the Other Insurance Company Pay Your Lost Wages?

Rarely will the other driver's insurance company agree to pay for lost wages. Instead, you may need to look to other coverage you have available, such as short term disability or accident and sickness coverage. You may also need to use sick time, personal days, or vacation time while you are unable to work due to your injuries.

How Do You Know If the Other Driver Has Enough Insurance?

Insurance companies often avoid disclosing how much coverage is available, in part because they do not want you to seek a higher settlement once you know more coverage exists. Iowa law does not require the insurance company to disclose how much coverage they have until a lawsuit is filed, at which point it becomes discoverable.

Understanding Key Terms in an Atkins Car Accident Claim

Recorded Statements

The insurance company for the other driver will often ask you to provide a recorded statement. You are under no legal obligation to do so, and giving one often hurts more than it helps. For example, telling an adjuster the day after an accident that you are "just a little sore" can later be used against you if you are diagnosed with a more serious injury, such as a herniated disc, weeks later. If you do give a recorded statement, always tell the truth, know your facts, and try to remain calm even if you feel frustrated. Make sure you understand each question before answering, and if you are unsure, say so. Take time to consider your answer, but avoid thinking out loud, and keep your answers simple and direct. Avoid absolute words like never or always, and never guess or volunteer extra information beyond what is asked.

EOBs, Settlements, and Insurance Coverage Types

An explanation of benefits, or EOB, is a form sent by your health insurance or car insurance company showing whether your medical bills have been paid. It is important to read these carefully, since they may indicate a denial or a request for more information about how your injury occurred. When it comes to settlement, many factors affect whether an offer is fair, including the nature and extent of your injuries, whether you were hospitalized or required surgery, whether you have permanent injuries or scarring, and whether you were partially at fault. In Iowa, the state minimum insurance coverage for personal injuries from a car accident is only $20,000 per person, which may not be enough to cover serious injuries.

If the at fault driver's coverage is not enough, you may need to turn to your own underinsured motorist coverage, known as UIM, which provides additional compensation up to the limits of your own policy. Successfully using UIM coverage generally requires following specific steps, including obtaining written approval from your insurer before settling with the other driver, resolving who will pay back subrogation interests, and filing within Iowa's two year statute of limitations. Uninsured motorist coverage, or UM, works similarly but applies when the at fault driver has no insurance at all. Subrogation refers to money that must be paid back out of your settlement, most commonly to your health insurance or car insurance company, and an experienced attorney can often help reduce what has to be repaid so that more money stays in your pocket.

Back Fusion Surgery After a Car Accident

Car accidents throughout Iowa cause thousands of injuries every year, and a serious crash can lead to slipped discs and other back injuries that sometimes require back fusion surgery. This procedure can result in significant medical bills, but drivers have legal options to recoup those damages if they were not at fault for the accident that made the surgery necessary.

Injuries That May Require Back Surgery

Bulging and herniated discs are common back injuries after car accidents. The spine is made up of vertebrae and discs that provide flexibility, with each disc having a harder outer shell and a softer inner cushion. With a bulging disc, the inner portion pushes against the outer shell, while a herniated disc occurs when the inner portion spills out through a tear in the shell. Both conditions cause pain because the discs press against nerves in the spinal cord. This pain is often treated first with rest, physical therapy, and medication, but surgery may be recommended if those treatments are not effective. Spinal compression fractures are another type of back injury that can result in a loss of spine height and pain throughout the body, and surgery is common following this type of fracture as well.

What Back Fusion Surgery Involves

During a car accident, spinal discs can slip out of position, bulge, or rupture, putting pressure on nerves and causing pain in the back, legs, and other areas. Doctors may perform a discectomy to remove all or part of a damaged disc and may also perform fusion surgery, in which the damaged disc is removed and the adjacent vertebrae are fused together using a bone graft, often held in place with screws or plates until the bones fully join. Recovery from this type of surgery can take several months, during which patients may need to avoid strenuous activity, wear a brace, and attend physical therapy to relearn proper ways to sit, stand, walk, and lift objects.

Proving the Accident Caused Your Back Injury

To win a car accident case, an injured person needs to prove the other driver was negligent, that the negligence caused the accident, and that the accident caused their injuries. Negligence generally means failing to use reasonable care, such as violating a traffic law or driving while distracted. Because degenerative wear and tear can also cause slipped or ruptured discs, plaintiffs may need to show that their back condition was not simply a pre-existing issue. X-rays, CT scans, and MRI scans are commonly used to reveal disc degeneration, and if these tests were taken before the accident and came back normal, that can help show the injury resulted from the crash. Medical records, bills, and evidence of lost wages all help establish the extent of damages from a spinal fusion so that accident victims can recover their losses.

Torn Tendons from a Car Accident

A torn tendon is another type of injury Atkins drivers might suffer in a car accident. Tendons are band-like tissues that connect muscles to bone, and a stretched tendon can result in a partial or complete tear that impairs movement. The joints most commonly affected by a torn tendon in a car accident are the shoulders, ankles, and knees, with severity depending on the nature of the crash.

Common Types of Torn Tendons

Shoulder tears can include the bicep tendon or the rotator cuff, both of which can occur when a person extends an arm to brace for impact, and a rotator cuff tear is a common cause of disability. Ankle tendon tears can affect mobility and often occur from sudden impact to the legs during a crash. Knee injuries can include a tear to the patellar tendon, which connects the kneecap to the shinbone and requires a strong force to tear, often resulting in a disabling injury.

Signs and Treatment of a Torn Tendon

Possible signs of a torn tendon include bruising, a popping or snapping sound at the time of injury, numbness or weakness, difficulty with movement, and pain that worsens with activity. A torn tendon may heal over time without surgery, particularly with a partial tear, and nonsurgical treatment often includes ice and anti-inflammatory medication, sometimes followed by a steroid injection if those measures are not enough. Patients typically need rest during recovery, which can affect their ability to work, and may begin physical therapy once swelling has decreased. When surgery is necessary to restore movement, patients may need a cast, splint, or sling afterward, along with rehabilitation, and recovery generally takes longer when surgery is required.

Recovering Damages for a Torn Tendon

Most car accident claims involving a torn tendon address medical costs incurred and wages lost during recovery, which can be substantial depending on the severity of the injury. Claims may also address future medical costs such as rehabilitation, along with permanent disability and pain and suffering depending on how the injury affects the person long term.

Seeking Legal Assistance in Atkins

Seeking legal counsel from experienced Atkins 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.

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