Jesup Personal Injury Attorneys

Straightforward legal guidance for Jesup, Iowa residents dealing with insurance adjusters, settlement decisions, and delayed injury symptoms.

Getting hurt because of someone else's negligence is stressful enough without having to figure out how to deal with an insurance adjuster, decide whether to accept a settlement offer, or explain why your pain did not show up until days after your accident. At Walker, Billingsley & Bair, we help Jesup personal injury victims understand exactly what they are up against so they can make informed decisions about their claim.

Tips for Jesup Residents Dealing With Insurance Adjusters

There are hundreds of insurance companies and thousands of insurance adjusters across the country, but they all tend to share a few things in common. Adjusters are trained in techniques designed to reduce the value of your claim and convince you to accept a small settlement, and they generally have the upper hand when you are not represented by an attorney who understands the law. While an adjuster may act friendly, they do not have your best interests in mind, and their overall job is to pay you as little as possible in order to protect their company's bottom line.

What Jesup Claimants Should Know About Different Insurers

Large national insurance companies often have their own in-house attorneys who assist adjusters when a question or problem comes up in a case, and sometimes those attorneys will take over a claim entirely. If an attorney has been assigned to your case on the other side, you should strongly consider hiring your own attorney, since it becomes much easier to make a costly, avoidable mistake once a company brings in its own legal counsel. Some large insurers use third-party administrators to handle claims on behalf of a self-insured company or another insurer that lacks its own local adjusters. These third-party administrators can sometimes be more difficult to work with than a typical adjuster, often making it harder to obtain records, get a returned phone call, or receive a timely response to a letter.

Do You Have to Accept the Insurance Company's Settlement?

In Iowa, you are never required to accept an insurance company's settlement offer, but before you decide whether to negotiate on your own or reject an offer, there are a few important questions to consider. Are your injuries minor enough that handling the claim yourself might make more sense than paying an attorney a percentage of your settlement? If your medical bills have already been paid by your own health insurance or another insurer, who will need to be reimbursed, a legal issue known as subrogation that can significantly reduce or even wipe out your settlement if handled incorrectly? And how much time do you have left before the statute of limitations expires and you risk losing your right to compensation altogether?

If you are not confident in your answers to these questions, it is worth speaking with a qualified Jesup injury attorney before agreeing to anything. Failing to do so could cost you thousands of dollars, or your entire case.

Negotiating on Your Own

It is rare for an insurance company's first offer to be its best offer, so if you choose to negotiate on your own, keep a few things in mind. Anything you say to an adjuster can and will be used against you, both in your current claim and in any future lawsuit, so be careful about what you share, though you should never lie. Insurance companies also share information about prior injuries and accidents through shared databases, so they will likely already know about your history. It is never a good idea to threaten an adjuster, since remaining calm and polite will generally get you further than anger. You should also know the facts of your case cold, including exactly how your injury happened, who treated you, and what conditions you have been diagnosed with.

How Insurance Companies Evaluate a Claim

Before agreeing to any settlement in a case involving real injuries, it is a good idea to speak with a qualified Iowa injury attorney to find out whether you are being treated fairly. Friends and family can offer support, but an attorney who deals with insurance companies daily will have a much clearer sense of whether your offer reflects the true value of your claim.

What If Your Accident Injuries Don't Appear Right Away?

Sometimes pain from a car accident or other injury does not show up until later the same day, or even the next day. Regardless of when your pain begins, you should seek medical care and treatment as soon as you notice it. Adrenaline and other hormones like cortisol are often released after an accident, temporarily masking pain the same way muscle soreness after a hard workout does not show up until the following day.

What If You Waited to Seek Care?

Waiting more than a week to see a doctor after your Jesup accident does not necessarily mean it is too late to pursue a claim, but it will likely raise a red flag for the insurance adjuster handling your case. Be sure to tell your doctor exactly when your pain started and explain why you did not seek care sooner. Failing to seek medical attention at all, however, can seriously damage your claim.

When New Symptoms Appear After Treatment Begins

It is common for one injury to mask another. For example, someone who suffers severe neck pain radiating into the arm after an accident may later develop shoulder pain once the more severe neck and arm symptoms improve following treatment. Similarly, favoring an injured limb can lead to overuse injuries elsewhere, and a serious leg injury that initially causes no back pain can lead to hip or low back problems once a person is back on their feet and walking with a limp. In every one of these situations, it is important to report any new pain or problems to your doctor and your attorney as soon as they appear.

Establishing That Your Symptoms Are Connected to Your Accident

Ultimately, your attorney should work directly with your doctors to establish which of your conditions are related to your accident, known as a causation opinion. While some injured people are able to get an opinion from their own doctor, the conversation often results in a doctor simply saying an injury is "possible," which is not enough to meet the legal burden of proof required to show it is more likely than not that the accident caused your condition. An experienced attorney who takes the time to speak with your doctors directly, rather than simply sending a letter, is often able to secure a clearer and more useful opinion for your case.