Belmond Personal Injury Attorneys

Do You Have to Accept the Insurance Company's Settlement?

In Iowa, you are not required to accept an insurance company's settlement offer, but there are several important factors to weigh before deciding either way. First, consider whether your injuries are minor enough that settling the case yourself, without paying an attorney a percentage of the recovery, makes sense. Second, think about who will be reimbursed if your medical bills have already been paid by your health insurance or another insurer, since this reimbursement process, known as subrogation, can consume your entire settlement if it is not handled correctly. Third, consider how much time remains before the statute of limitations expires, since waiting too long can mean losing the right to recover anything at all.

If you are unsure about any of these issues, it is worth speaking with a qualified Iowa injury attorney, since failing to do so could cost thousands of dollars or even the entire case.

Negotiating a Settlement

It is rare that an insurance company's first offer is its best offer, so negotiating is generally worthwhile for anyone representing themselves. That said, anything said to an adjuster can be used against you later, including in a lawsuit, so it is important to be careful, and always truthful, about what is shared. Insurance companies maintain shared databases of prior claims, so past injuries and accidents will likely come to light regardless. It is also not a good idea to threaten an adjuster, since staying calm and professional tends to be far more effective. Knowing the facts of your case, including how the injury happened, who treated you, and what conditions you were diagnosed with, puts you in a stronger position going into any negotiation.

Why the Insurance Company Is Not Always on Your Side

Insurance companies exist to make a profit, and they would rather collect premiums than pay claims. An adjuster may be friendly, but that adjuster is under no legal obligation to help you and is not even required to tell you the truth. For anyone dealing directly with an adjuster instead of hiring an attorney, there are several things worth keeping in mind.

Always Tell the Truth

An adjuster's biggest job is to pay as little as possible and close the claim quickly. They will want documentation for lost wages, medical care, and any prior medical treatment, and if information is left out or misrepresented, it is likely to be discovered and used to reduce an offer.

Recorded Statements

You are generally not required to give a recorded statement to the other party's insurance company, though you may agree to provide an unrecorded statement if pressed. Workers' compensation cases, however, often do require some cooperation with the investigation. If your own insurance company requires a statement, such as when the other driver is uninsured or underinsured, keep in mind that a recorded statement carries the same weight as testimony given under oath. Questions like whether you have ever had a certain type of pain before refer to your entire lifetime, not just the time of the injury, so answering carefully and honestly matters a great deal for your credibility.

Do Not Hide Prior Accidents or Injuries

Insurance companies maintain extensive shared databases of prior claims. Failing to disclose previous injuries or claims when asked can seriously damage both your credibility and your case.

Be Matter of Fact

Adjusters handle large volumes of files and are trained to look for anything that could reduce the value of a claim, including unrelated personal issues that have nothing to do with the injury itself. Sticking to the relevant facts, rather than volunteering extra information, protects the value of your claim. Staying calm rather than expressing anger toward an adjuster also helps, since appearing easily upset can be used against you later in front of a judge or jury.

Know Your Statute of Limitations

Under Iowa law, the general deadline to bring a claim is two years from the date of injury, though exceptions exist, such as a much shorter notice period when a drunk driver is involved, or a potentially longer period in certain workers' compensation cases involving ongoing weekly benefits. Anyone unfamiliar with these deadlines should consult an attorney promptly rather than risk missing them.

When a Third Party Contributes to a Belmond Work Accident

Employees injured on the job in Belmond are generally entitled to workers' compensation benefits, but the situation becomes more complex when someone outside the employer, a third party, contributed to the accident. Employees generally cannot sue their own employer for a workplace injury once workers' compensation benefits are accepted, since employers are protected from lawsuits once those benefits are paid, even if the employer was clearly negligent.

However, if a third party, someone unrelated to the employer, caused or contributed to the injury, a separate third party claim may be possible in addition to a workers' compensation claim. Liability in these cases depends heavily on the specific circumstances. If a defective product caused the injury, the manufacturer may be liable. If the injury occurred at another company's job site, the property owner may be liable under a premises liability claim. If a company vehicle was struck by another driver who ran a red light, that driver may be liable through a personal injury claim.

Compensation Available in a Third Party Claim

Workers' compensation benefits cover medical expenses and lost wages, but do not include compensation for pain and suffering, mental anguish, or punitive damages. A third party claim, by contrast, may allow recovery of damages beyond just medical expenses and lost wages, which can be especially important when an injury is severe and workers' compensation benefits alone are not enough to cover the full extent of the losses.

Because a third party claim can add time and complexity to an already ongoing workers' compensation case, working with an attorney who handles both workers' compensation and personal injury matters is important for protecting every available source of compensation.