Belle Plaine Personal Injury Attorneys

Being injured because of another person's negligence is stressful enough without also having to decode insurance company tactics, medical terminology, and the legal process that follows. Walker, Billingsley & Bair has spent years helping injured people in Belle Plaine navigate personal injury claims from start to finish. Below, we cover what insurance companies would rather you not know, what a serious neck injury like cervical radicular pain may involve from a treatment standpoint, and the different ways a personal injury dispute can ultimately be resolved.

What Insurance Companies Don't Want You to Know

Insurance companies are among the richest and most powerful corporations in the country. Each year they spend heavily trying to reduce the rights and compensation available to hardworking people so they can increase their own profits. What they do not control, however, are the judges and juries who ultimately decide the value of a claim after someone is hurt in a car accident, at work, or in another type of personal injury accident. Below are five things insurance companies typically do not want claimants in Belle Plaine to know.

1. The Insurance Company Is Legally Allowed to Mislead You

There is no law requiring the insurance company on the other side to tell you the truth or act in your best interests. This is why an adjuster will sometimes act friendly and try to build trust, a tactic often described as the "nice guy" or "nice lady" routine, especially when injuries are serious. It is a bad idea to trust an adjuster because their job is to pay you as little as possible. They will not explain your rights or the best way to proceed with your claim, because doing so does not serve their employer's interests.

2. You Do Not Have to Give a Recorded Statement

An adjuster may claim they need a recorded statement to evaluate your claim, but in reality you are under no obligation to provide one to the insurance company for the other side. The purpose of a recorded statement is often to ask questions in a way that can later be used against you. For example, an offhand answer to a simple question about prior pain, without carefully considering your full medical history, can be used later to suggest you were being untruthful. Your credibility matters a great deal in an injury case, which is exactly why an adjuster may try to challenge it early. In workers' compensation matters, a non-recorded statement is sometimes encouraged while a claim is still being investigated, but it is wise to consult a qualified injury attorney before giving one.

3. Their "Final Offer" Usually Is Not Their Best Offer

Insurance companies frequently claim during negotiations that a particular number is their final offer, but in most cases it is not actually their best offer. There is little to lose by proposing a counteroffer, and it is unlikely an insurer will simply withdraw from the table. In some situations, filing a lawsuit and moving through that process is what it takes to reach an insurer's true best offer.

4. They May Try to Frustrate You on Purpose

When the friendly approach does not work, some adjusters intentionally make a very low initial offer, hoping frustration will push a claimant to accept a lowball settlement just to be done dealing with them. Anyone who has sustained a serious injury with potential lifelong effects should consider turning the matter over to an experienced injury attorney, who deals with these tactics daily and can handle the insurance company while the injured person focuses on healing.

5. They Will Not Pay Your Medical Bills as You Incur Them

An adjuster may ask you to send medical bills to them, but that does not mean those bills will actually be paid. This can be a strategy to pressure a claimant into settling cheaply once collection calls start coming from hospitals and providers. In car accident and personal injury cases, it is often best to have medical bills paid through health insurance or medical payments coverage under an auto policy, since a case against the other side may take considerable time to resolve.

Understanding Cervical Radicular Pain and Epidural Nerve Block Treatment

Some personal injury accidents in Belle Plaine result in more than temporary soreness. Radicular pain, or radiculopathy, is a condition in which the nerves stop working properly due to disease or trauma, causing a malfunction at the root of the nerve. It can lead to pain, numbness, weakness, and problems with motor control, and even though the malfunction occurs in the spine, the pain is often felt elsewhere in the body. Many cases involve the cervical spine and result in severe neck pain along with other symptoms.

What Causes Cervical Radicular Pain

A herniated disc is a common cause, often resulting from trauma such as a car accident or a fall. Radicular pain can also stem from arthritis or other degenerative bone conditions. Material from a ruptured disc can put pressure on a nerve root, compressing it and producing pain.

Traditional Treatment Options

Many patients start with conservative therapies, including corticosteroids and pain medication, whether injected or taken orally. Physical therapy is often part of a typical treatment plan and may include cervical traction, using either mechanical or manual methods, along with other techniques a physical therapist might use to relieve symptoms. When conservative treatment fails and pain becomes intolerable, surgery is often the next step, though there is another option that may provide relief first: the epidural nerve block procedure.

The Epidural Nerve Block Procedure

This procedure involves injecting a corticosteroid into the epidural space of the spine. A physician typically uses a fluoroscope for real-time X-ray images, along with a contrast medium to help ensure the needle is placed correctly. The injection usually combines a local anesthetic, such as lidocaine, with a corticosteroid, and pain relief is monitored over a set period. This procedure is minimally invasive and can serve as a strong alternative to surgery. Complications are generally slight and may include a small risk of infection, minor bleeding, or brief pain at the injection site, all of which should be discussed with a doctor beforehand.

Compensation for Cervical Radicular Pain Caused by Another Party

Living with cervical radicular pain changes daily life considerably, often making work, sleep, and everyday activities difficult. If this condition resulted from an accident someone else caused, compensation may be available for medical bills tied to treatments like an epidural nerve block procedure, along with damages for lost wages and pain and suffering. Speaking with an attorney can help clarify what compensation may be available in a specific situation.

Alternative Dispute Resolution Options for Personal Injury Cases

Many personal injury cases are resolved through negotiation with an insurance company, but sometimes a dispute calls for alternative means of reaching an agreement that can help avoid taking a case all the way to trial. Two common options are arbitration and mediation.

Arbitrating a Personal Injury Case

Arbitration resembles a courtroom hearing in some ways, but with fewer rules surrounding the use of evidence. An arbitrator reviews the facts and evidence, listens to witness testimony, and then makes a final decision. It is typically less costly than litigation and usually takes less time. Arbitration can be binding, meaning the decision is final, or non-binding, meaning the parties may choose not to accept it. Both sides must agree on who will serve as the arbitrator, and the hearing can be held in nearly any setting, which often makes it more convenient. Facts are established through evidence such as tangible items, medical records, photographs, video footage, and other documentation, and witnesses, whether individuals who observed the accident or experts such as medical professionals, provide testimony and are cross-examined.

Mediating a Personal Injury Case

Mediation is an even less formal method of resolution and is more commonly used in personal injury cases, offering savings in time, money, and stress. The mediator is an unbiased third party who, unlike an arbitrator, does not make a decision or offer an opinion. Instead, the mediator allows both sides to share their perspective and helps guide them toward a mutually satisfactory agreement, sometimes helping both parties realize they already agree on certain elements of the case. Most mediation sessions begin with both parties in one room before the mediator moves between separate rooms, relaying offers, demands, questions, and requests. Reaching an agreement usually requires some compromise from both sides, and if the matter cannot be resolved through mediation, it may still proceed to trial.

Weighing the Pros and Cons

Alternative dispute resolution can save time, money, and hassle, and allows both sides to approach a disagreement calmly and rationally rather than through the more emotionally charged process of litigation. With mediation specifically, both parties stay more involved in the decision-making process and have more say in the final outcome. If a case goes to trial and the other side prevails, an injured person could end up with nothing, whereas mediation allows both sides to reach a resolution together. On the other hand, resources spent trying to resolve a dispute through arbitration or mediation are not refunded if the process does not produce an agreement, meaning additional funds may still be needed to litigate the case afterward.