Emmetsburg Truck Accident Injury Attorneys

Being seriously injured in a truck accident near Emmetsburg, Iowa sets off a chain of events that most people are completely unprepared for. Medical bills begin arriving before you have had a chance to understand the scope of your injuries. The insurance company representing the trucking company moves quickly to minimize what they will pay. And the decisions you make in the days and weeks that follow, about what you say, what you document, and how your medical bills get covered, can either protect or permanently damage the compensation you are entitled to receive. This article covers the five most critical things you need to do to protect your truck accident claim, how your medical bills will be covered while the case is pending, and the full scope of what a qualified Emmetsburg truck accident attorney will do to fight for you.

One of the most important pieces of evidence in any truck accident case is how you feel and how your injuries have affected your ability to function on a daily basis. Your doctor is required to keep accurate and detailed records of your medical history and care. Those records include your description of how you were injured, your physical complaints, the doctor's examination findings, and the treatment you received. The insurance company will base its settlement offer to you directly on this critical documentation. If you fail to tell your doctor about every symptom and every problem you are experiencing, it will not be treated properly, and no one evaluating your claim will know about it. If you first begin to mention a problem weeks or months after the accident, the insurance company will argue that the problem was not caused by the crash and will use that delayed disclosure to reduce their offer to you.

If your doctor recommends therapy three days a week and you only attend once a week, you will damage your claim. The insurance company will argue that if you were truly injured, you would have followed your physician's recommendations precisely, and will reduce their offer accordingly. Consistent, complete compliance with your doctor's orders demonstrates that your injuries are real, serious, and ongoing. Every gap in compliance is an argument the insurer will use against you at negotiation or at trial.

Very few people ever think to write down how they felt on a day-to-day basis after an accident, and that gap in documentation costs many of them money they were entitled to recover. A diary provides accurate, contemporaneous accounts of your injuries and how they affected your ability to function, work, sleep, and enjoy daily life. The specific details of how you felt on a particular day are nearly impossible to recall accurately months or even a year later. Your diary will help prove the full extent of your injuries and can directly result in a higher evaluation of your claim.

Lost wages are a recoverable category of damages in a truck accident claim, but they must be documented to be recovered. It is essential that you keep track of all time you miss from work as a result of your injuries. This includes keeping every doctor's excuse that accounts for missed workdays and tracking every appointment that required time away from the job. This documentation creates a clear, verifiable record that the insurance company cannot easily dispute or discount.

The insurance company and their attorneys will use anything and everything you tell them against you. That is not a warning meant to create anxiety. It is simply how the claims process works. No matter what, do not lie. Even a small misrepresentation can permanently destroy your credibility and eliminate the value of your claim. The best and safest policy is to always tell the truth, so that you never have to worry about what you said or how it might be used against you. Beyond that, be thoughtful and measured in every interaction with anyone representing the truck driver's or trucking company's insurance carrier.

1. Your own health insurance from your employment benefits package. This is typically the most accessible and effective source for paying medical bills as they arrive during a pending injury claim. Using your own health insurance does not forfeit your right to recover those costs through your eventual settlement.
2. Your own health insurance that you pay for personally. Health coverage you purchased independently works exactly the same way as employer-sponsored coverage for purposes of covering your treatment while a claim is pending.
3. Health insurance obtained by a spouse for your benefit, or by your parents if you are under age and living at home. Coverage through a family member's policy can be used to pay your medical expenses just as your own policy would be used.
4. Medical payments coverage from your own auto insurance policy. If you were driving or riding as a passenger in a vehicle at the time of the truck accident, medical payments coverage on your own auto policy may help pay your bills. In some situations this coverage may be available from more than one policy, both the insurer for the vehicle you were in and your own insurance company.
5. Healthcare.gov or Medicaid. If you are not covered under any private insurance plan, you may be eligible for coverage through the Affordable Care Act. You can apply online, through a local insurance agent, or through your local Department of Human Services.
6. Your own personal funds. If no other coverage is available, using your own funds to pay medical expenses as they are incurred may be the only option while your claim moves forward.

Important: Insurance companies are not looking out for your interests. Before you sign any paperwork for the trucking company's insurer, before you give a recorded statement, and before you accept any settlement offer, speak with a qualified Emmetsburg truck accident attorney. Common mistakes made without legal guidance can permanently reduce or eliminate compensation you are legally entitled to receive.

No risk to you: If you have been hurt at work and are also pursuing a truck accident claim, Walker, Billingsley & Bair does not take anything from the workers' compensation benefits you are voluntarily being paid by the workers' compensation insurance company. The firm only receives a fee if it is successful in advancing your overall recovery.

• Educate you about Iowa truck accident and injury laws, which vary from state to state, so you fully understand your rights and options throughout the entire process
• Gather all documentary evidence, including police accident reports, commercial truck inspection records, driver logbooks, medical records, and billing statements
• Hire a private investigator, when necessary, to interview and locate witnesses to the crash
• Collect additional evidence such as photographs of the vehicles, the accident scene, and any relevant physical evidence from the road
• Review and analyze all relevant legal issues, including comparative fault and assumption of the risk, as they apply to the specific facts of your case
• Speak with your treating physicians and obtain written medical reports that support your claim and fully document the nature, severity, and long-term prognosis of your injuries
• Analyze your insurance policy to identify any coverages that may help pay your medical bills while the claim is still pending
• Review and evaluate the validity of any liens asserted against your potential recovery by doctors, insurance companies, welfare benefit plans, or employers
• Contact the insurance company to formally put them on notice of your claim if this has not already been done
• If a lawsuit is filed, prepare you, your witnesses, and your healthcare providers for depositions
• Prepare written questions and take depositions of the defendant, the truck driver, and other key witnesses
• Conduct scheduling conferences with the court to establish a trial date if the case does not settle
• Prepare a formal demand package to send to the defendant in an attempt to negotiate a fair pre-trial settlement
• Prepare for potential mediation or pre-trial settlement negotiations
• Prepare all medical and demonstrative exhibits needed for trial
• Prepare you and your witnesses for their trial testimony
• File motions and briefs with the court to determine what evidence will and will not be admitted at trial
• Take your case to trial before a jury if a fair settlement cannot be reached prior to trial
• Review and analyze any verdict to advise you on whether valid grounds for an appeal exist
• Provide recommendations on whether to appeal the outcome of any trial