Atlantic Personal Injury Attorneys

Whether you were struck by a vehicle while walking, hurt in a car accident, or injured through someone else's negligence, the steps you take after a personal injury in Atlantic, Iowa can have a lasting impact on your health and your legal case. From understanding your rights as a pedestrian to navigating medical bills and avoiding critical mistakes during treatment, having the right information from the start puts you in a far stronger position to recover the compensation you deserve.

Personal injury cases can be complicated. Insurance companies are not working in your interest, and the decisions you make in the days and weeks following an accident can either strengthen or seriously weaken your claim. An experienced Atlantic personal injury attorney can help you understand your options, protect your rights, and pursue fair compensation for all of your losses.

Iowa Pedestrian Laws and Your Rights After a Pedestrian Accident

According to the National Highway Traffic Safety Administration, every year more than 4,000 pedestrians are killed in traffic accidents and tens of thousands are injured across the United States. The NHTSA reports that 75 percent of pedestrian accidents occur in urban areas, on clear or cloudy days, and at nighttime. Understanding the pedestrian laws in Iowa is essential both for staying safe and for knowing your rights if you are ever injured as a walker.

Right of Way Rules for Iowa Pedestrians

In Iowa, traffic laws specify that pedestrians must obey the rules of the road and all traffic control signals. The law also dictates who has the right of way at intersections and elsewhere. A pedestrian has the right of way at intersections where there are no traffic lights and when walking on a crosswalk, whether marked or unmarked. Motorists are also required to yield to pedestrians when entering or leaving a driveway, parking lot, or alley.

However, pedestrians should always be extremely cautious when crossing and should never assume that a vehicle will stop, even when the law requires it. Iowa traffic law also places certain responsibilities on pedestrians. When crossing a road at any point other than an intersection, and where there are no marked or unmarked crosswalks, pedestrians must give the right of way to motorists and cyclists. The same applies when crossing a roadway where a pedestrian tunnel or overhead crossing is available.

When walking on or along a road or highway where there is no sidewalk, a pedestrian must stay on the left side so as to face oncoming traffic. This is not only required by law but also practical, since it allows the pedestrian to see approaching vehicles and react if a driver swerves. Iowa traffic law also addresses hitchhiking: pedestrians cannot stand on the roadway to solicit rides, but a walker may stand on any portion of a roadway not normally used by vehicles to request a ride from a passing motorist.

What to Do When a Negligent Driver Injures a Pedestrian

Despite all of the laws in place, pedestrians frequently become the victims of motor accidents through absolutely no fault of their own. Pedestrians who are injured in road accidents because a motorist failed to abide by the law can file for damages and seek compensation for the physical and emotional trauma suffered. To pursue compensation, an injured pedestrian must not only prove the fault of the motorist but also demonstrate the specific damages associated with the accident and the resulting injuries.

Pedestrians can present medical bills, evidence of lost wages, and various forms of documentation, testimony, and other evidence to establish the full extent of their damages. This can be a challenging task without the guidance of a personal injury attorney who is familiar with these types of cases. An attorney can help collect and preserve evidence and assist injured victims in building a case that clearly establishes how a motorist's negligence caused the accident and the resulting harm.

Who Pays Your Medical Bills After a Personal Injury in Iowa?

One of the most pressing concerns for injury victims in Atlantic and across Iowa is who will be responsible for paying the medical bills. The answer depends largely on how the injury occurred and what types of insurance coverage are available.

Medical Bills After a Work Injury

If you were injured at work, your employer and their insurance company are generally required to provide you with medical care and cover all treatment they authorize. If your injuries are severe, this can even include modifications to your home and lost wages incurred by a spouse or loved one who must care for you. There are also limited circumstances in which the employer may be responsible for paying bills from medical providers they did not initially approve, such as when a workers' compensation claim has been denied and the employer loses control over your medical treatment. For more information about your rights, you can request a free copy of the Workers' Compensation Injury Book.

Medical Bills After a Car Accident, Truck Accident, or Other Personal Injury

If you were injured in a car or truck crash, motorcycle accident, dog bite, or other personal injury incident, the situation is quite different. In Iowa, the at-fault driver's insurance company will rarely pay your medical bills as they come in. This is true even if that driver's liability is obvious and they have already paid for your property damage. Insurance companies routinely withhold medical bill payments until a final settlement is reached, at which point they can obtain a release. You should not expect the other driver's insurance to cover your ongoing treatment costs during your recovery.

Instead, you should look to one of the following sources to cover your medical expenses while your case is pending:

1. Your own health insurance from your employment benefits package
2. Your own personally purchased health insurance
3. Health insurance obtained by your spouse for your benefit, or by your parents if you are a minor living at home
4. Medical payments insurance coverage from your own auto insurance policy, if you were driving your vehicle or were a passenger in another vehicle
5. Healthcare.gov or Medicaid, if you are not covered under any insurance plan
6. Your own personal funds, if you are uninsured and able to pay bills as they are incurred

If there are insufficient funds to pay doctors, hospitals, and other medical providers, a personal injury attorney can help facilitate assignments whereby the client authorizes the attorney's office to pay the medical provider directly from any eventual settlement or verdict. This arrangement often satisfies healthcare providers and causes them to wait until the time of settlement rather than pursue collection action against the injured victim.

It is also important to know that almost all insurance policies contain a subrogation provision, which means the insurer requires reimbursement if you later obtain money for your medical bills from another party or insurance company. Before you sign any paperwork from any insurance company, speak with an attorney first.

Critical Mistakes to Avoid When Dealing With Doctors After an Injury

Many people fail to realize how important their interactions with doctors and other medical providers are when treating a personal injury. Common mistakes made during the medical treatment process can significantly affect the outcome of a legal claim, whether the injury resulted from a car accident, a pedestrian accident, a work injury, a motorcycle crash, or any other type of incident. Your medical records are, in a very real sense, the foundation of your injury case.

Failing to See a Doctor Immediately

It is your responsibility to prove that you were injured by the accident, and seeing a doctor promptly is one of the most important ways to do that. If you have any pain or problems following an incident, seek medical care right away. Insurance companies and juries often 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 serious problems later, so getting evaluated quickly matters both for your health and for your claim.

Talking With Medical Providers About Your Legal Case

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 in order to treat you. It is important to understand that 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, which the insurance company and potentially a judge or jury will be able to review. You will need to tell your providers how you were injured, but keep discussions about your legal concerns out of those conversations.

Hiding Your Prior Health History

Your doctors will typically ask whether you have previously had any injury to the same area of the body where you are now experiencing problems. You must be honest and not attempt to hide prior conditions, because they will eventually come to light. Your past medical history helps doctors diagnose and treat you accurately, and providing incomplete or inaccurate information can not only negatively affect the quality of your care but will very likely hurt your legal case as well. All prior medical records will eventually be made available to the insurance company, and credibility is one of the most important assets you have in any personal injury claim.

Missing or Arriving Late to Medical Appointments

When you fail to attend a medical appointment, your records will reflect a notation of "No Show" or "DNS," meaning did not show. Even if you had a valid reason for missing the appointment, these notations look bad. More than one missed appointment can make it appear that you did not take your own medical treatment seriously, which gives the insurance company and their attorneys an opening to argue that your injuries were not as serious as you claim. If you need to reschedule or cancel, call at least 24 hours in advance. Doctors who are frustrated with patients who miss appointments often do not make good witnesses on those patients' behalf.

Not Documenting How Your Injury Affects Your Work

Your medical records are the foundation of your injury claim, and what is documented in them matters enormously. If there is no mention in your records of how the injury is affecting your ability to work, it is unlikely that an insurance company or a jury will simply take your word for it later. If your injury is negatively impacting your ability to perform your job duties, you need to tell your healthcare provider so that this is documented. Taking written notes to your appointments can help ensure you do not forget to mention everything that is relevant.

Failing to Have Your Pain Properly Documented

Pain is something your medical providers cannot see or touch, but they are required to document it in your records. Insurance companies and juries will look to your medical records to verify that you reported pain, where it was located, how severe it was, and how long it lasted. One effective approach is to write out your pain levels and limitations before each appointment and provide your doctor with a copy. Be accurate, not exaggerated. Doctors are trained to look for inconsistencies, and a report of extreme pain paired with relaxed behavior in the office can result in a negative notation that harms your case.

Stopping Treatment Too Soon or Allowing Long Gaps

Stopping medical treatment prematurely or going weeks without follow-up care will be used against you. Insurance companies and juries tend to assume that when a person stops seeking treatment, they have recovered. Similarly, significant gaps between appointments of a month or more may suggest to the opposing side that you healed from the original injury and may have sustained a new one you did not disclose. If your doctor tells you that you are "released" or should "come back as needed," but your problems have not resolved, return to your doctor within a few weeks. You may need to be referred to a specialist for further evaluation and treatment.

Not Following Up on Anxiety or Depression From Your Injury

Pain, limited activities, and disability frequently cause anxiety and depression following a serious injury. These psychological conditions are just as real as a broken bone visible on an X-ray. However, most people cannot overcome anxiety and depression without appropriate medical care. You can be compensated for psychological conditions caused by your injury, but only if they are properly diagnosed and treated. If you are experiencing these symptoms, tell your doctor and seek appropriate care. Failing to do so will make it very difficult to recover compensation for the emotional toll your injury has taken on your life.

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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