Cresco Personal Injury Attorneys

The Insurance Company Is a Business, Not Your Ally

One of the most important things any Cresco injury victim can understand is this: insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. The adjuster assigned to your file may be polite and even seem helpful, but that person is not on your side. In fact, the adjuster is under no obligation to help you and is not even legally required to tell you the truth.

The adjuster's primary job is to pay you as little money as possible and close your file. Understanding that dynamic from the start is the foundation of protecting your claim.

Always Tell the Truth

Insurance companies will want documentation for your lost wages, your medical care, and any prior medical treatment you have received. If you forget to disclose prior treatment, or if you are less than truthful, the adjuster will likely uncover it and reduce their offer accordingly. Honesty is not just an ethical obligation here; it is a practical strategy for protecting your claim.

Be Cautious with Recorded Statements

If you are dealing with the other party's insurance company, you are generally not required to provide a recorded statement. You may agree to answer questions on the condition that it not be recorded. However, if you are filing a claim against your own insurance company, such as in a car accident involving an uninsured or underinsured driver, your policy may require a recorded statement. Treat any recorded statement with the same weight as sworn testimony. If you do not understand a question, say so before answering.

A seemingly simple question like "Have you ever had back pain before?" is not asking whether you have back pain right now. It is asking about your entire lifetime. Answering incorrectly on a question like that, even innocently, can seriously damage your credibility and your case.

Do Not Hide Prior Accidents or Injuries

Insurance companies have access to national databases that catalog prior personal injury and property damage claims made across the United States. If you fail to disclose previous claims and the adjuster finds them, it will not only raise a red flag but can also be used to reduce or deny your current claim entirely.

Stay Calm, Stick to the Facts

Adjusters handle hundreds of files every year. They are trained to look for information that reduces the value of your case. Volunteering personal problems unrelated to your injury, getting angry, or making threats will only hurt you. If the adjuster knows you are easily provoked, they will factor that into their calculations, knowing it would work against you in front of a judge or jury. Stay calm, answer only what is asked, and stop there.

Know Your Statute of Limitations

Under Iowa law, the general rule is that you have two years from the date of your injury to bring a claim. However, there are important exceptions. If a drunk driver hit you, you may have only 180 days to provide notice to the bar or establishment that served them. If you were hurt at work and received weekly benefits, your deadline may be extended. Do not wait until the last minute to explore your options. Most qualified injury attorneys need at least 120 days before a statute expires to properly investigate a case, identify all responsible parties, and prepare the necessary filings.

Settling on Your Own Carries Real Risks

If you attempt to settle without legal counsel, understand that you are almost certainly signing away all rights to future compensation and medical care. You also need to know who is responsible for your medical bills, including whether your health insurance must be reimbursed. This concept, known as subrogation, can result in you owing money out of pocket if it is not properly addressed in a written settlement agreement.

Mistakes When Dealing with Doctors After an Injury in Cresco

Your medical records are, in the words of experienced Iowa injury attorneys, "the heart and lungs of your injury claim." What gets documented, and what does not, will shape how the insurance company and any jury evaluates your case. Cresco residents who have been injured need to understand these common and costly medical mistakes before their next appointment.

Waiting to See a Doctor

It is your responsibility to prove that your injury was caused by the accident. If you delay seeking care, insurance companies and juries may conclude that your condition was not related to the accident at all. Even minor pain that seems manageable can develop into a serious problem. The last thing you want is for an opposing attorney to say to a jury that you "did not bother seeing a doctor until three days after the accident." See a doctor as soon as possible.

Discussing Your Legal Case with Your Medical Providers

Your doctor's job is to treat your injuries, not to evaluate your lawsuit. Anything you say to a medical provider, even in confidence, is not protected when you file an injury claim. Everything ends up in your medical records, and those records will be reviewed by the insurance company and potentially a judge or jury. Tell your providers how you were injured and where your symptoms are, but keep discussions of your legal case out of the examination room.

Hiding Your Health History from Your Doctor

Be honest about prior injuries or conditions affecting the same area of your body. Your doctors rely on accurate health history to diagnose and treat you properly. Providing incomplete information can compromise your care and give the insurance company grounds to argue that your current injury is not new. All of your prior medical records will eventually be made available to the insurer, so transparency from the start is always the better path.

Missing or Arriving Late to Appointments

When you miss an appointment, your medical record reflects a "no show" or "DNS" notation. Multiple missed appointments suggest to insurers, judges, and juries that you were not serious about your injuries. Doctors whose patients repeatedly miss appointments are also less likely to be enthusiastic witnesses on their patient's behalf. If you must cancel, call at least 24 hours in advance and reschedule promptly.

Failing to Report How Your Injuries Affect Your Work

If your injury is limiting your ability to do your job, you must tell your doctor and ensure it is documented. If there is no mention of work limitations in your medical records, the insurance company will not simply take your word for it later. Consider writing down your symptoms and limitations before each appointment so that nothing important is left out during a brief office visit.

Pain Documentation and the Pain Scale

Pain cannot be seen or measured, so it must be carefully documented in your records. Insurers and juries will look at how quickly you reported pain after the accident, where the pain was located, how severe it was, and how long it lasted. When describing your pain on a scale of one to ten, keep in mind that a ten represents the absolute worst imaginable pain. Describing your pain as a ten while appearing comfortable during the visit can generate a negative note in your records that the defense will use against you.

Stopping Treatment Too Early or Creating Gaps

Insurance companies and juries tend to believe that when someone stops seeking medical care, they have healed. Significant gaps in treatment of a month or more can be interpreted as evidence that your original injury resolved and that any current problems are unrelated. If your doctor has nothing more to offer and releases you, but you still have symptoms after a few weeks, return to your doctor and ask for a specialist referral. Continuing to document your condition is critical to the strength of your claim.

Neglecting Anxiety and Depression Following an Injury

Pain, limited activity, and disability often cause psychological effects, including anxiety and depression. These are legitimate, compensable conditions that require proper diagnosis and treatment. If you do not tell your doctor that you are experiencing these symptoms and seek appropriate care, you are unlikely to be compensated for them, regardless of how real they are. Report all symptoms, including emotional and psychological ones, to your healthcare providers.

When a Third Party Contributes to Your Cresco Work Injury

Workers' compensation is the primary system for compensating Iowa employees injured on the job. However, many Cresco workers do not realize that a separate legal claim may also be available to them if a party outside of their employer contributed to the accident. This is known as a third-party claim, and it can significantly expand the compensation available to you.

What Workers' Compensation Covers and What It Does Not

Under Iowa law, employees who accept workers' compensation benefits cannot sue their employers directly, even if the employer was clearly at fault. Workers' compensation covers your medical expenses and a portion of your lost wages, but it does not allow you to seek damages for pain and suffering, mental anguish, or punitive damages. For workers with severe injuries, those limitations can mean that workers' compensation benefits fall far short of covering all of their actual losses.

When a Third-Party Claim May Apply

A third-party claim arises when someone other than your employer or a co-worker played a role in causing your injuries. Common examples include:

• A defective piece of equipment or product caused your injury, in which case the manufacturer may be liable.
• You were injured at a client or contractor's worksite rather than your own employer's premises, potentially giving rise to a premises liability claim against the property owner.
• You were driving a company vehicle and another driver struck you, making that driver potentially liable through a personal injury claim.

An Iowa Workers' Compensation attorney can review the circumstances of your accident to determine whether a negligent third party exists and whether filing an additional claim makes sense for your situation.

The Additional Compensation Available Through a Third-Party Claim

With a third-party claim, you may be able to recover damages that go well beyond what workers' compensation provides. This can include compensation for pain and suffering, emotional distress, and other losses that workers' comp simply does not cover. In cases involving serious injuries, this distinction can be significant. Workers' compensation has limits, and those limits may not come close to addressing the full financial impact of a catastrophic workplace injury.

Pursuing both a workers' compensation claim and a third-party claim simultaneously takes time and adds complexity to your case, but for many injured Cresco workers, it is a step worth taking. Speaking with an attorney who handles both types of claims is the most reliable way to understand all of your legal options.

Know Your Rights: Iowa's Two-Year Statute of Limitations

Time matters in every personal injury case. Iowa's general statute of limitations gives most injury victims two years from the date of the accident to file a legal claim. Special situations, such as those involving alcohol-serving establishments or government entities, may carry shorter deadlines. Waiting too long eliminates options and makes it much harder to find qualified legal representation willing to take on a case with little time remaining. Most experienced Iowa injury attorneys need a minimum of 120 days before the deadline to evaluate a case properly, gather evidence, and prepare filings.

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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