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Can You Trust the Insurance Company in Your Britt Injury Case?
There are more than 100 insurance companies selling policies in Iowa alone, covering everything from personal injury to workers' compensation. While people generally buy insurance to protect themselves against future loss, paying a premium does not mean the insurance company is looking out for you. Some people mistakenly believe their own insurance company will pursue a claim against the other party on their behalf, but this is not true. While your insurer may try to recover what it paid for property damage, it is highly unlikely to pursue a claim for your personal injuries.
What to Know About Insurance Companies
When dealing with another party's insurance company, whether it is the insurer for a driver who injured you or the workers' compensation carrier for your employer, there are important things to keep in mind. The insurance company is not representing you or your best interests, and it is not required to tell you the truth. Insurance companies are in the business of making a profit, which means paying out as little as possible on claims. An adjuster may seem friendly, but that does not mean they are looking out for you, since insurance companies generally do not like paying claims.
Tips for Dealing With an Insurance Company
Always tell the truth, since anything you say can be used against you by the insurance company and its lawyers, and even a small inconsistency can damage your credibility. Be careful what you say to an adjuster, since insurance companies employ professionals to work these claims, which is one reason it can help to have a professional working on your side as well. Keeping documentation is also important. A diary or journal describing how you feel can help prove the extent of your damages, and you should keep doctors' excuses for missed work along with records of time missed for medical appointments. Review and retain any medical bills or explanation of benefits forms you receive from your health insurance company.
Be Thorough at Medical Appointments
The records generated during your medical appointments, including your description of how you were injured, your complaints, and your treatment, are central to how an insurance company evaluates your claim. If you do not tell your doctor everything that hurts, it will not be properly treated or documented, and if you begin complaining about a problem weeks or months later, the insurance company will likely argue it was unrelated to the accident. Attend medical appointments regularly, since failing to see a physician is often treated as evidence that you have fully recovered, both by the insurance company and potentially by a judge or jury later on.
Epidural Nerve Block Procedure for Cervical Radicular Pain
Radicular pain, or radiculopathy, is a condition in which the nerves stop working properly. Disease or trauma may cause the condition, which is a malfunction in the root of the nerve, and it can result in pain, numbness, weakness, and reduced motor control. Even though the problem occurs in the spinal area, the pain is often felt in other parts of the body. Many cases of radicular pain occur in the cervical spine and result in severe neck pain and other symptoms following a Britt accident.
What Causes Cervical Radicular Pain?
In many cases, a herniated disc, usually the result of trauma such as a car accident or a fall, causes cervical radicular pain. It may also result from arthritis or other types of degenerative bone disease. Material from a ruptured disc can put pressure on the nerve root, compressing it and causing pain.
Traditional Treatments and the Epidural Nerve Block Procedure
Many patients suffering from this condition treat it first with conservative therapies, which may include corticosteroids and pain medication, delivered either through injections or taken orally. Physical therapy may also be part of a typical treatment plan, including cervical traction, whether mechanical or manual. When conservative treatment fails and pain becomes intolerable, surgery is often the next step, though there is another option called the epidural nerve block procedure that may provide relief.
This procedure involves injecting a corticosteroid into the epidural space of the spine. The physician uses a fluoroscope to allow real-time X-ray images, and a contrast medium helps ensure the needle is placed appropriately when injecting the medication, which typically includes a local anesthetic like lidocaine along with the corticosteroid. Pain relief is then monitored for a set period of time. This procedure is minimally invasive and may be an excellent alternative to surgery. Complications are slight and include risk of infection, minor bleeding, and minor pain around the injection site. Patients should discuss the full range of possible side effects with their doctor before receiving any injection or treatment.
When Another Party Caused the Accident
Living with cervical radicular pain is not easy, since the patient's life often becomes centered around pain management, and patients may be unable to work, sleep, or enjoy everyday activities. If you suffer from this condition because of an accident someone else caused, you may be able to recover compensation for damages, including medical bills for treatments like the epidural nerve block procedure, as well as lost wages and pain and suffering.
Alternative Dispute Resolution in a Britt Personal Injury Case
Many personal injury cases are resolved through negotiations with an insurance company, but sometimes a dispute requires alternative means of reaching an agreement, which can help avoid taking the case all the way to trial.
Arbitrating a Personal Injury Case
Most people want to avoid litigation if possible. One way is through arbitration, which in some ways resembles a courtroom hearing but with fewer rules surrounding the use of evidence. An arbitrator reviews the facts and evidence, listens to testimony from witnesses, and then makes a final decision. Arbitration is less costly than litigation and usually takes less time, though it can be binding or non-binding, meaning the arbitrator's decision will be final, or the parties may choose not to accept the decision, depending on the type agreed to. Both sides have to agree on who will serve as the arbitrator, and the hearing can be held in virtually any setting, which usually makes it more convenient for everyone. Facts are established through evidence such as tangible items, medical records, pictures, video footage, and other pertinent documentation, and witnesses provide testimony and are cross-examined, whether that witness observed the accident or is an expert, such as a medical expert or accident reconstruction specialist.
Mediating a Personal Injury Case
An even less formal method of reaching a resolution is through mediation, which is more commonly used in personal injury cases and, like arbitration, avoids litigation while saving time, money, and stress. The mediator is an unbiased third party who, unlike an arbitrator, does not make a decision or ruling and does not even give an opinion. The mediator's job is to allow both parties to share their side of the matter and then guide them toward a mutually satisfactory agreement, sometimes helping both sides realize they already agree on certain elements of the case. Most mediation starts with both parties meeting together in one room, after which the mediator takes each party to a separate room, and offers, demands, questions, and requests move back and forth as the mediator moves between the parties. This process often requires some give and take, and most people who mediate a personal injury case should expect to make some compromises. If the matter cannot be resolved, it may still have to go to trial.
Weighing the Pros and Cons of Alternative Dispute Resolution
Alternative dispute resolution can take less time, money, and hassle than litigation, and parties may approach these methods in a calmer, more rational manner than a trial, which can sometimes stir up emotions. With mediation, the parties are more involved in the decision-making process and have more say in the final outcome, whereas going to trial and losing could leave an injured person with nothing. It is also important to consider that parties may spend money on these alternative methods without reaching a resolution, meaning additional funds must then be spent litigating the case.
Talk to a Britt Personal Injury Attorney Today
Call Walker, Billingsley & Bair for a free consultation about your injury claim.
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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.
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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.