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If you or someone you care about has been hurt in a car accident in Blue Grass, medical evidence is one of the biggest factors in deciding how much your claim is worth. That evidence includes your medical records before and after the crash, imaging like MRIs and X-rays, and your doctors' opinions. Understanding how to strengthen that evidence, along with what a broken neck or a fibula fracture claim actually involves, can help you protect your case from the very beginning.
How Medical Records Impact Your Car Accident Settlement
You should make sure you have the best possible medical evidence in your claim by telling every one of your medical providers everything that hurts, along with the problems you are having at home and at work because of your injuries.
Bring Notes to Every Appointment
Doctors and other providers are sometimes in a rush and may not take the time you feel is needed. If you have multiple injuries or issues from the accident, write them down and bring the list to your appointments. This helps make sure everything ends up in your medical records. If a problem is not documented, the insurance adjuster will likely ignore it.
Be Thorough, Not a Complainer
Everything you tell your medical providers will likely end up in your records. If your doctor asks how you are doing and you say "fine," that is what the adjuster, and ultimately a judge or jury, will read. If you are having pain and problems, say so. There is a fine line between being thorough and being seen as a complainer, so avoid making up problems or exaggerating symptoms, but do be complete in describing how your injuries are affecting your life.
Follow Through With Treatment Recommendations
If your doctor recommends physical therapy, pain management, or other treatment, follow through, or your claim may suffer. If a treatment does not seem to be helping, schedule a follow-up rather than stopping on your own, since alternative options or even surgery may be needed. Some people avoid certain treatments out of fear or personal preference, but failing to pursue care that is generally considered standard can reduce the value of your claim. If you have exhausted your doctor's recommendations and are still not better, ask for a referral to a pain management clinic or a physiatrist.
Seek Out Reputable Providers
If you require immediate surgery after being taken to the hospital, you likely have little choice in your surgeon. But if you are referred to a provider after being discharged and have time to research, take the opportunity to learn about their reputation first. Some doctors are routinely hired by insurance companies to say injuries were not caused by the accident, while others simply have a history of poor surgical outcomes. A qualified Iowa personal injury attorney often has experience with providers across the state and can help guide you toward the right one.
Don't Give Up on Your Claim
Insurance adjusters are often trained to make the process difficult, hoping you will settle quickly for less than you deserve. Be cautious about what you believe from an adjuster. If they ask you to send your medical bills, that does not mean they will pay them. If you wait too long to have your own health insurance cover your treatment, you could end up personally responsible for costs that exceed the other driver's coverage. It is almost always best to have your medical providers bill your own health insurance directly, which helps ensure your expenses are covered and helps you avoid harassment from collection agencies.
What ends up in your medical records can make or break your Blue Grass car accident claim. Our car accident attorneys can help you avoid the mistakes that hurt so many injury claims.
Broken Neck Injuries From a Car Accident
Neck injuries are among the most common injuries in a car accident, often occurring when a vehicle is rear-ended. In many cases this causes whiplash, a sprain or strain to the soft tissues of the neck. In more serious cases, however, an accident victim can suffer an actual broken neck, and the consequences can be lasting and debilitating.
A broken neck refers to a fracture of a cervical vertebra, and its severity depends largely on whether the spinal cord itself is damaged. If the spinal cord is not affected, the individual has an excellent chance of a full recovery. If it is damaged, the effects can be lasting and may include quadriplegia in severe cases. In the most serious situations, an injured person may never be able to work again or live a normal life. In less extreme cases, they may still face substantial medical bills and a long recovery involving surgery and extensive therapy.
Determining the Value of a Broken Neck Claim
The severity of the injury and the resulting costs play a large role in the value of a broken neck case. A case requiring surgery, follow-up therapy, and months away from work is generally valued differently than one that results in quadriplegia. An insurance company or court will look at medical bills to date, lost wages, and future ability to earn income.
The liability of the other party also matters. If you were partially at fault for the accident, your damages could be reduced proportionate to your percentage of fault. Under Iowa's modified comparative negligence law, being found 51 percent or more at fault bars you from recovering damages altogether, which could leave you relying on your own health insurance and any applicable auto coverage to pay for treatment.
Fibula Fractures From a Car Accident
A car accident can place tremendous stress on the ankle joint, whether an object strikes it, it becomes crushed, or a driver's or passenger's foot slams against the floor of the vehicle during a crash. The ankle is made up of three bones, the fibula, the tibia, and the talus, and the fibula is the smaller bone of the lower leg. A fibula fracture is often simply called a broken ankle.
Symptoms of a fibula fracture:
- Severe pain
- Bruising and swelling
- Tenderness
- Obvious deformity, with the ankle visibly out of place
- Inability to put any weight on the ankle
Diagnosing and Treating a Fibula Fracture
Diagnosis typically begins with a physical exam, followed by imaging tests to determine where the fracture occurred and how severe it is. A doctor may also use a stress test as part of the diagnosis. Depending on the extent of the fracture, treatment may be surgical or nonsurgical. Nonsurgical treatment typically involves a cast or brace for immobilization along with rest for several weeks, during which the patient cannot put weight on the ankle, often leaving them unable to perform normal work duties.
Can You File a Claim for a Fractured Fibula?
If you suffer a fibula fracture in a Blue Grass car accident, you may have grounds to recover compensation. If you carry medical payments coverage on your own policy, you may be able to file a claim with your own insurer. If another party caused the accident, your primary path to recovery is generally a liability claim against that driver, and if a fair settlement cannot be reached, a lawsuit may be necessary.
Recoverable damages may include:
- Medical bills
- Lost wages
- Pain and suffering
The statute of limitations for a personal injury claim in Iowa is two years from the date of the injury, so it is important not to delay taking action.
How a Blue Grass Car Accident Attorney Can Help
Whether you are managing your medical records, recovering from a broken neck, or dealing with a fibula fracture, an experienced car accident attorney can help make sure your claim reflects the true extent of your injuries. From guiding you toward reputable medical providers to handling communication with the insurance company, the right legal help can make a meaningful difference in your recovery.
Seeking Legal Assistance in Blue Grass
Seeking legal counsel from experienced Blue Grass 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.