Ely Personal Injury Attorneys

What Can an Attorney Do for Your Case?

Depending on the nature and severity of an injury, a Ely accident victim may or may not need an attorney. Even so, it is always worth at least consulting with an experienced Iowa injury attorney to help avoid common, costly mistakes. When looking for the right attorney, it helps to check reviews from prior clients that discuss their actual experience and the results obtained, rather than simply trusting an advertisement claiming the attorney handles personal injury or workers' compensation cases.

Every case is different, and these tasks are generally performed at no upfront cost, since attorneys are typically paid only if the case is successful. If a Ely worker was hurt on the job, an attorney working on a contingency basis does not take anything from benefits already being voluntarily paid by the workers' compensation insurance company.

Can You Trust the Insurance Company?

There are more than 100 insurance companies selling policies in Iowa. While people buy insurance to protect themselves against future loss, paying a premium does not mean the insurance company is looking out for the policyholder. Many people assume their own insurer will pursue a claim against the other party on their behalf, but this generally is not true for personal injury claims, even though an insurer may seek reimbursement for property damage it has already paid.

What to Keep in Mind When Dealing With an Adjuster

• The insurance company is not representing you or your best interests.
• Adjusters are not required to tell you the truth.
• Insurance companies are in the business of paying claims for as little as possible.
• A friendly adjuster is still not looking out for you.
• Insurance companies sell insurance because they do not like paying claims.

Tips for Protecting Your Claim

Always tell the truth, since anything said to an adjuster can be used later, and even a small inconsistency can damage credibility. Keep documentation of your damages, including a journal describing how you feel day to day, doctor's excuses for missed work, and records of medical appointments and bills. Be thorough at every medical appointment, since your description of your injuries becomes part of the record the insurance company will use to evaluate your claim, and waiting weeks or months to mention a new problem can lead an insurer to argue it was unrelated to the original injury.

Attending medical appointments regularly matters as well, since failing to see a doctor is often treated as evidence of a full recovery, both by the insurance company and potentially a judge or jury later on. If a doctor recommends following up as needed, that generally means returning within a few weeks if problems persist, not stopping treatment altogether.

Head Injuries From a Bike Accident

Bicyclists, especially those who do not wear helmets, face a serious risk of head injury in an accident with a motor vehicle. Victims and their loved ones can feel overwhelmed trying to understand how to file a claim after a head injury near Ely.

Who Is Liable for a Bicycle Accident?

The first step in the claims process is determining who is responsible for the crash. In Iowa, the party at fault is generally the party liable for the damages. In most bike accidents, the motor vehicle driver involved is at fault, meaning that driver's insurance is typically responsible for paying damages.

Proving Liability

An at-fault driver may try to avoid responsibility by claiming the cyclist contributed to the crash. Liability can be supported with police reports, physical evidence from the scene such as broken bicycle parts, and witness testimony. It is also necessary to show that the head injury was a direct result of the accident rather than something unrelated.

How Compensation Is Determined

The insurance adjuster overseeing a claim typically determines how much compensation is offered, based on factors including the extent of the injuries, the amount of medical bills, whether time was lost from work or the ability to work was affected, and whether the bicycle itself needs to be replaced. If a Ely cyclist was partially at fault, such as riding at night without required rear lights, the damage amount may be reduced accordingly.

When a Settlement Offer Isn't Enough

If an offered settlement is not sufficient, a cyclist is not required to accept it and has the right to negotiate for a higher amount, or file a claim against the at-fault driver in civil court if necessary. Iowa Code section 614.1 generally requires this type of claim to be filed within two years. Because brain injuries can involve substantial medical damages, a civil suit may be necessary to recover the full compensation a victim is entitled to.