Carroll Personal Injury Attorneys

Can You Still Recover Compensation If You Were Partly at Fault?

One of the most common questions Carroll personal injury attorneys hear is whether an injured person can still pursue a claim if they played some role in the accident. The short answer is yes, in many situations, but it depends on the degree of fault assigned to each party.

A good example of this involves pedestrian accidents at night. According to the National Highway Transportation Administration National Center for Statistics and Analysis, 68 percent of pedestrian accidents occur at night. When a pedestrian walks in dark clothing without any light source, that choice can be considered negligent behavior. However, it does not automatically disqualify the pedestrian from seeking compensation.

In a pedestrian-car accident, both parties are assigned a certain degree of fault based on all the surrounding facts. Attorneys, insurance companies, and courts all examine the full picture before determining responsibility. Pedestrians can hold some accident injury liability if they failed to use a crosswalk, crossed a street on a "don't walk" signal, walked or ran in front of traffic, did not take nighttime safety precautions such as wearing reflective or light clothing, or failed to obey other traffic rules.

How Iowa's Comparative Negligence Rule Works

Iowa follows the comparative negligence rule, which means that even if a person was partly to blame for an accident, up to 50 percent at fault, he or she can still seek compensation for injuries. However, the settlement amount will be reduced by the individual's degree of fault.

For example, consider a pedestrian walking down a dark street at night while wearing dark clothing who gets struck by a car while crossing in the middle of a block rather than at a lit crosswalk. If a court determines the pedestrian was 40 percent liable for the accident, a $100,000 settlement would be reduced by 40 percent, resulting in a $60,000 recovery rather than the full amount.

This is why proving liability in a pedestrian-car accident claim matters so much. Compensation is directly tied to the fault determination. A Carroll personal injury attorney will work to uncover the facts surrounding the accident, protect the client's rights, and work to reduce the client's assigned degree of fault. An attorney will also help identify and calculate all damages and push for the highest and fairest settlement possible.

10 Mistakes to Avoid When Dealing With Doctors After an Injury

Many injured people do not realize how much their interactions with medical providers affect the outcome of their case. Whether the injury stems from a car accident, a work incident, or any other personal injury situation, common mistakes in medical treatment can seriously damage a claim. Here are the critical errors Carroll injury victims need to avoid.

1. Failing to See a Doctor Immediately

It is the injured person's responsibility to prove that the accident caused their injuries. Any pain or physical problems need to prompt an immediate visit to a medical provider. Insurance companies and juries tend to believe that if someone does not seek immediate medical attention, their condition may not actually be related to the accident. Even relatively minor pain can lead to significant problems later, so seeing a doctor as soon as possible is critical.

2. Discussing Your Claim With Medical Providers

Medical providers are there to focus on injuries and provide treatment. They do not need to know about a lawsuit or whether an attorney has been hired. Whatever is said to medical providers is not confidential once a claim for injuries has been filed. Anything and everything told to medical providers ends up in medical records that the insurance company, and potentially a judge or jury, will see. Injured people should tell their providers how they were hurt, but should avoid discussing the details of their legal case during appointments.

3. Hiding Health History From Your Doctor

Doctors typically ask whether a patient has previously had any injury to the same area of the body where they are currently experiencing problems. Providing incomplete or inaccurate information not only negatively affects the quality of care received but will likely hurt the legal case as well. All prior medical records will eventually be made available to the insurance company. Being honest about previous conditions and describing the accident accurately is essential to maintaining credibility.

4. Missing or Being Late to Medical Appointments

Insurance companies, their lawyers, and potentially a judge or jury will all review medical records. When an appointment is missed, the record will show "No Show" or "DNS" (did not show). More than one missed appointment can make it appear that the injured person did not care about their own medical treatment. Doctors who are upset with patients because of repeated absences often do not make supportive witnesses. If an appointment needs to be canceled, calling at least 24 hours in advance is the appropriate course of action.

5. Not Telling Your Doctor How Injuries Affect Your Work

Medical records are the foundation of any injury claim, and what is in them carries significant weight. If there is no mention in records of how an injury is negatively impacting the ability to work, the insurance company and jurors will not simply take the victim's word for it later. Injured workers need to tell their health care provider about work limitations at every relevant appointment. Taking written notes to appointments can help make sure nothing important is left out.

6. Failing to Properly Document Pain

Pain is invisible to doctors and cannot be seen on a scan or felt by an examiner, but it must still be documented in records. Insurance companies and juries will look for documentation of how quickly pain was reported after the accident, where the pain was located, how severe it was, and how long it lasted. Providing a written description of pain and limitations before each appointment can help ensure that information makes it into the medical chart. Exaggerating pain is counterproductive, as doctors are trained to look for inconsistencies and a negative note in the chart can do more harm than good.

7. Not Taking Medications as Prescribed

Doctors prescribe specific medications for specific time periods for good reason, and following those recommendations matters. If a medication appears to be causing unwanted side effects, calling the provider or scheduling an appointment to discuss switching is the right step. Stopping medication on one's own without guidance looks bad and can undermine credibility, as it demonstrates a failure to follow a doctor's orders.

8. Stopping Treatment Too Soon

Juries are made up of everyday people who often assume that when someone stops seeking medical treatment, they must have healed. Significant gaps between treatments, a month or more, can be used by the insurance company to suggest that the original injury healed and that any continuing problems are from a new, undisclosed injury. If a doctor says treatment is no longer necessary but problems persist, returning to the doctor after a few weeks is the right move. A specialist referral may also be available.

9. Failing to Keep Records

Every business card, bill, and record from every medical provider should be saved. An attorney will need that information to obtain the complete set of medical records. Work excuses, restrictions, referrals, and other orders issued by providers should also be kept on file. If a work excuse must be handed to an employer, keeping a personal copy is important for the case going forward.

10. Ignoring Anxiety and Depression Treatment

Pain, limited activity, and disability often lead to anxiety and depression following an injury. These conditions are just as real as any physical condition that shows up on an x-ray. However, most people cannot overcome them without appropriate care. Compensation is available for psychological conditions caused by an injury, but only when those conditions have been properly diagnosed and treated. Telling a doctor about mental health struggles following an injury is an important step in protecting the full value of a claim.

Who Pays the Medical Bills After an Injury in Iowa?

One of the most pressing concerns after any accident is how the mounting medical bills will get paid. The answer depends largely on how the injury occurred.

Work Injuries and Workers' Compensation

If an injury happened on the job, the employer and their insurance company are generally required to provide medical care and treatment. This includes paying for all treatment they have authorized. In serious cases, coverage can extend to home modifications and lost wages incurred by a spouse or loved one who must provide care. There are also circumstances where an employer can be held responsible for paying expenses to providers they did not approve, such as when a work injury claim has been denied. When that happens, the employer loses control over medical treatment and may be required to pay the resulting bills.

Car Accidents, Truck Accidents, and Other Personal Injury Cases

In Iowa car accident cases, the other driver's insurance company will rarely pay medical bills as they are incurred. Even when liability is clear and the insurer has already paid for property damage, payment of medical bills typically only happens at the time of a final settlement when the insurer can obtain a release. Injured Iowans should not expect the at-fault driver's insurance to cover bills in real time.

Instead, injured people in Carroll should look to one of the following sources for paying medical expenses while the case is pending:

• Health insurance through an employer's benefits package
• Personal health insurance coverage purchased independently
• Health insurance obtained by a spouse or, for minors living at home, by parents
• Medical payments coverage from a personal auto insurance policy, which may apply whether driving a personal vehicle or riding as a passenger in someone else's car
• Healthcare.gov or Medicaid, for those who do not have existing coverage but may qualify under the Affordable Care Act
• Personal funds, if no insurance is in place and the injured person is able to pay bills as they come in

When funds are not available to cover medical debt, a Carroll personal injury attorney can help arrange assignment agreements in which the law firm assists in paying the medical provider directly from any settlement or verdict. In many cases, medical providers will agree to wait until settlement rather than pursue collection while the case is active.

Subrogation: What That Means for Your Settlement

One important detail to understand is that nearly all insurance policies include a subrogation provision. What this means is that if an injured person recovers money for medical bills from another party or insurance company, the original insurer has the right to be reimbursed. This is another reason why having an experienced Carroll personal injury attorney manage the case is valuable. Understanding how subrogation works and negotiating the repayment amounts can have a significant impact on the final amount an injured person actually takes home.

Why Carroll Injury Victims Need an Attorney on Their Side

Insurance companies are not looking out for the interests of injured people. Their goal is to minimize payouts, and they have experienced adjusters and lawyers working toward that goal. Injured victims in Carroll deserve an equally experienced advocate working for them.

Whether the injury involves a nighttime pedestrian accident, a car crash, a workplace incident, a dog bite, or any other personal injury situation, having knowledgeable legal representation can make the difference between a fair recovery and leaving compensation on the table. An attorney will uncover the facts, protect rights, accurately document all damages, push back against unfair fault assignments, and help navigate the complicated medical billing process that follows any serious injury.

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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