Estherville Motorcycle Accident Injury Attorneys

Riding a motorcycle through Emmet County and the roads surrounding Estherville carries a freedom that few other experiences can match. But when another driver's negligence causes a crash, motorcycle riders face consequences that are almost always far more serious than those suffered in a typical car accident. The physical injuries sustained in a motorcycle crash can be severe, long-lasting, and expensive to treat. On top of recovering from those injuries, victims must contend with insurance adjusters who are specifically trained to pay as little as possible and close claims quickly.

This article covers three things every Estherville motorcycle accident victim needs to understand: the serious cervical neck injuries that commonly result from motorcycle crashes and how they are treated, the realities of dealing with insurance companies and their adjusters, and the concrete steps you can take to protect your claim and your right to fair compensation.

Cervical Radicular Pain After a Motorcycle Accident in Estherville

Among the most painful and disabling injuries a motorcycle rider can suffer is cervical radiculopathy, a condition in which the nerves of the cervical spine stop functioning properly. Radicular pain occurs when there is a malfunction at the root of a nerve, often caused by trauma such as a motorcycle crash or a forceful impact. The condition can result in pain, numbness, weakness, and loss of motor control. Although the underlying problem originates in the spinal area, the pain is often felt throughout other parts of the body, including the arms, shoulders, and hands.

The most common cause of cervical radicular pain in accident victims is a herniated disc. When a disc ruptures, the softer inner material spills out and puts direct pressure on a nearby nerve root, compressing it and triggering significant pain. The violent forces involved in a motorcycle crash make this type of disc injury particularly common. Radicular pain can also result from arthritis or other degenerative bone conditions, though in post-accident cases, the crash itself is typically the precipitating event.

Traditional Treatments for Cervical Radicular Pain

Many patients dealing with cervical radicular pain after a motorcycle accident begin with conservative treatments. These commonly include corticosteroids and pain medications, either taken orally or administered through injection, with the goal of managing inflammation and reducing pain to a tolerable level. Physical therapy is another frequent component of a treatment plan, which may include cervical traction performed either mechanically or manually by a trained therapist. The therapist may also employ other methods to relieve nerve pressure and restore range of motion.

When conservative treatments fail and the pain becomes intolerable, surgery is often the next step physicians recommend. However, there is an intermediate treatment option called the epidural nerve block procedure that may provide meaningful pain relief before surgery becomes necessary.

What Is the Epidural Nerve Block Procedure?

The epidural nerve block procedure involves the injection of a corticosteroid directly into the epidural space of the spine. During the procedure, the physician uses a fluoroscope to view real-time X-ray images, ensuring precise placement of the needle. A contrast medium is used to confirm proper positioning before the medication is injected. The injection itself combines a local anesthetic such as lidocaine with the corticosteroid. The patient's pain relief is then monitored over a set period of time to evaluate the effectiveness of the treatment.

This procedure is minimally invasive and, for many patients, represents an excellent alternative to surgery. The associated risks are relatively minor and include a slight risk of infection, minor bleeding, and some pain around the injection site. Anyone considering the procedure should discuss the full range of potential side effects with their physician beforehand.

From a legal standpoint, the costs of an epidural nerve block procedure are a compensable medical expense in a personal injury claim when another party caused the accident that led to the cervical injury. Lost wages, pain and suffering, and other damages may also be recoverable. Living with cervical radicular pain is not easy. Patients may find themselves unable to work, sleep, or participate in daily activities they once took for granted. If that pain is the result of a motorcycle accident someone else caused, you should not have to bear those costs alone.

Why the Insurance Company Is Not on Your Side After a Motorcycle Crash

After a motorcycle accident, an insurance adjuster will contact you. They may be friendly, sympathetic, and appear genuinely concerned about your wellbeing. It is important to understand clearly that the insurance adjuster is not on your side and is under no legal obligation to help you. They are not even required under the law to tell you the truth.

Insurance companies are in business to make a profit, and they would rather collect premiums than pay claims. Every adjuster, regardless of which company they work for, has been trained in techniques to reduce the value of your claim, convince you to accept a small settlement, and close your file as quickly as possible. Their job, at its core, is to pay you as little money as possible in order to maximize company profits. Knowing this going into any interaction with an adjuster is the single most important protective step a motorcycle accident victim can take.

How Different Insurance Companies Handle Iowa Motorcycle Claims

Not all insurance companies handle claims the same way, and understanding their tendencies can help you prepare. Some of the largest workers' compensation and personal injury insurers operating in Iowa have distinct approaches that injured Iowans should be aware of.

Liberty Mutual is one of the top writers of workers' compensation coverage in Iowa most years. Their adjusters have access to in-house Iowa attorneys who may quietly advise behind the scenes or step in and take a more active role in managing your claim. If you find yourself dealing with an attorney on the other side of your case without having your own legal representation, the risk of making a costly, avoidable mistake increases dramatically.

Travelers operates a large claims center in Overland Park, Kansas, and like Liberty Mutual, has in-house Iowa attorneys who can assist their adjusters with case strategy. If you are not represented by an attorney, it is very difficult to receive fair compensation when facing a company that has the money, knows Iowa law, and has been trained specifically to pay as little as possible.

Sedgwick and Gallagher Bassett are third-party administrators (TPAs) rather than actual insurance companies. They work on behalf of self-insured companies or insurers that do not have their own Iowa adjusters. In practice, they are often significantly harder to deal with than a standard insurance company adjuster. Getting records from their files, obtaining return phone calls, and receiving timely responses to correspondence can be a persistent challenge without an attorney applying pressure on your behalf.

AIG is a very large New York-based insurer with many subsidiary companies. Some of their adjusters can be dismissive and slow to respond to calls, letters, and emails. Zurich, an international insurer based in Switzerland with more than 53,000 employees and over 47 billion dollars in annual revenue, often has adjusters located far from Iowa who may not know the details of Iowa law. Their subsidiary Farmers Insurance falls under this umbrella. Regardless of how friendly any individual adjuster may seem, do not mistake courtesy for advocacy. These companies are going to do everything within their power to pay you as little as possible.

Eight Critical Rules for Dealing with Insurance Adjusters After a Motorcycle Accident

Whether you ultimately hire an attorney or attempt to handle your claim on your own, the following guidelines can help protect your case and prevent costly mistakes.

1. Always Tell the Truth

The insurance adjuster's primary job is to pay you as little money as possible and get your case closed. They will want documentation for your lost wages, medical care, and any prior medical treatment. Insurance companies have access to databases containing all prior insurance claims made by individuals across the United States. If you are not truthful about prior injuries or prior claims, they will likely discover it and use it against you to reduce their offer.

2. Be Careful with Recorded Statements to the Other Party's Insurance Company

You are generally not required to provide a recorded statement to the insurance company representing the other party in your accident. If they insist, you may agree to provide a statement while requesting that it not be recorded. Understanding when and how to give a statement can make a significant difference in the outcome of your case.

3. Know Your Obligations to Your Own Insurance Company

If you are making a claim against your own insurance, for example because the at-fault driver has insufficient coverage, your policy may actually require you to give a recorded statement. Keep in mind that a recorded statement carries the same legal weight as a deposition given under oath. Be extremely careful with broad questions such as whether you have ever had back or neck pain before. That question covers your entire lifetime, not just the time of the accident. Answering incorrectly because you did not understand the scope of the question can seriously damage your credibility and your case.

4. Do Not Try to Hide Prior Accidents or Injuries

Insurance companies have access to claims databases that track every prior personal injury and property damage claim you have ever made. Attempting to conceal prior accidents or injuries will raise a red flag in your file and can undermine your entire claim if the omission is discovered.

5. Be Matter-of-Fact in All Communications

Insurance adjusters handle hundreds of files each year and are trained to look for any information that could reduce the value of your claim. Stick to the facts of your case and answer only what is asked. Volunteering information beyond what is requested can hurt you. It is also a serious mistake to get angry with an adjuster. If you lose your temper, the adjuster will know you are easy to provoke and will factor that into their assessment of how you would appear in front of a judge or jury. If you feel yourself becoming upset during a conversation, tell the adjuster you need a few minutes and step away, or tell them you will call back.

6. Know Your Statute of Limitations

Under Iowa law, the general statute of limitations for personal injury cases is two years from the date of injury. However, there are important exceptions. For example, if you were struck by a drunk driver, you have only 180 days to provide notice to the bar or establishment that served the alcohol. Knowing exactly how long you have to act in your specific case is essential. If you are unsure, contact a qualified Iowa attorney for a confidential, no-cost consultation.

7. Understand What You Are Signing Away When You Settle

If you attempt to settle your motorcycle accident claim on your own, make sure you understand that you are almost certainly giving up all rights to future compensation and medical care in exchange for a payment today. You need to understand every term in the settlement agreement and have it in writing. This includes understanding who is responsible for paying outstanding medical bills and how any subrogation claims from your health insurance will be handled. Failing to address subrogation in a settlement can result in your health insurer demanding repayment from you out of pocket after the fact.

8. Do Not Wait Until the Last Minute to Settle or Hire Help

Waiting until just before your statute of limitations expires to attempt a settlement is one of the most damaging mistakes a motorcycle accident victim can make. You will not pressure the insurance company by waiting, but you will put enormous pressure on yourself. Most qualified Iowa injury attorneys need at least 120 days before the statute of limitations expires to properly investigate your case, identify all responsible parties, and prepare the necessary documents. If you try to negotiate at the eleventh hour and it does not work, finding an attorney willing to take your case with only weeks remaining before the deadline becomes extremely difficult.

For additional guidance on protecting your claim, see What Insurers Don't Want You to Know and How to Deal with an Insurance Adjuster in Iowa: What Not to Say.

Consulting a Estherville Motorcycle Accident Attorney

The toll from severe motorcycle injuries can encompass substantial medical expenses and long-term care costs for victims and their families. Lost wages may compound matters, especially if employment becomes unrealistic for an extended period. Getting help from a motorcycle accident attorney allows the pursuit of comprehensive compensation, from financial damages and emotional distress such as pain and suffering.

Victims of these accidents should seek consultation with a motorcycle accident attorney, as damages may be extensive and recovery of compensation is important.

At Walker, Billingsley & Bair, our motorcycle accident attorneys can represent you in dealings with your insurance company, or when filing a personal injury claim. Set up your consultation now by calling 641-792-3595. 

More Info on Estherville Attorneys