Le Mars Personal Injury Attorneys

Sudden accidents and injuries can cause major disruptions. During these tough periods, personal injury lawyers are key allies. They specialize in representing those harmed by others' negligence, ensuring they get rightful compensation. This article examines the crucial role personal injury lawyers play in guiding individuals through their claims and aiding in their recovery.

Understanding Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company. However, sometimes disputes necessitate alternative means of reaching an agreement, which can help avoid taking the case to trial. Learn the types of alternative dispute resolutions (ADR) that claimants might utilize and how they function.

Arbitrating a Personal Injury Case

Most people want to avoid litigation if possible. One way to do this is through arbitration, which is similar to a courtroom hearing but with fewer rules surrounding the use of evidence.

An arbitrator:
- Reviews the facts and evidence;
- Listens to testimony from witnesses; and
- Makes a final decision.

Arbitration is less costly than litigation and usually takes less time. However, it can be binding or non-binding, meaning the arbitrator's decision may be final or the parties may choose not to accept the decision, respectively. Both sides must agree on who will serve as the arbitrator. The hearing can be held in virtually any setting, making it more convenient for everyone. At the arbitration hearing, both parties present their side, potentially without opening and closing statements.

Facts are established through evidence, which could include:
- Tangible items;
- Medical records;
- Pictures;
- Video footage; and
- Other pertinent documentation.

Witnesses provide testimony and are cross-examined. These witnesses could be individuals who observed the incident or experts (e.g., medical experts, accident reconstructionists).

Mediating a Personal Injury Case

An even less formal method of reaching a resolution is through mediation. It’s commonly used in personal injury cases, avoiding litigation while saving time, money, and stress. The mediator is an unbiased third party who doesn’t make a decision or ruling. Instead, the mediator's role is to allow both parties to share their sides of the matter and guide them toward a mutually satisfactory agreement.

The mediator may help both parties realize they agree on certain elements of the case and bridge their differences to work toward a fair resolution. Mediation typically starts with both parties meeting together in one room. The mediator then takes each party to a separate room, moving back and forth to facilitate offers, demands, questions, and requests. Compromises are often necessary, and if the matter cannot be resolved, it may proceed to trial.

Pros and Cons of Alternative Dispute Resolutions in a Personal Injury Case

Pros:
- Less time, money, and hassle compared to litigation.
- Parties approach the dispute more calmly and rationally.
- Mediation involves both parties in the decision-making process, allowing for more say in the outcome.
- Mediation often leads to an agreeable resolution without the risk of receiving nothing, as can happen in a trial.

Cons:
- ADR might not produce results, leading to additional litigation costs.
- Initial money spent on ADR can be lost if the case proceeds to trial.

Filing a Bike Accident Claim to Recover Damages for Your Injuries

A bicycle accident claim, filed with an insurance company, can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, you’ll need to review how to recover compensation. The following provides a brief review of the claims process and considerations when filing.

Determining Fault in a Bike Accident Claim

Determining fault in a bike accident claim will significantly impact how you file. If you caused the accident, file your claim with your car insurance company. If the other driver caused the accident, file a claim with their insurance company. Even if you were on your bike, your car insurance policy might provide coverage. Knowing the specifics of your policy is crucial when filing a bicycle accident claim.

Seeking Medical Help and Filing a Claim for Bodily Injury Damage

If you’ve been in a bicycle accident, seek medical attention immediately. This is critical for your wellbeing and necessary for knowing the compensation amount needed for your bicycle accident claim. Assuming the other driver was at least partially at fault, file your bodily injury claim with that driver’s insurance company.

Documenting All Medical Treatment

Document all medical treatments thoroughly, including:
- Initial date of your injury;
- Date you first received treatment;
- How the injury occurred;
- Prognosis issued by your doctor;
- Estimated length of treatment;
- Any medications or surgeries; and
- Dates of all appointments related to the accident.

Filing Your Claim

File your claim as early as possible. Your insurance agent can guide you through the process, either by phone or instructing you to file independently. Always be truthful when filing a claim and do not sign anything without an attorney present.

Proving the Fault of the Other Driver

Proving the fault of the other driver can be challenging. If the insurance company believes you were partially to blame, they may deny coverage or reduce compensation. Gather and document all evidence related to the accident. Witness testimony can be crucial. Fault is based on negligence, such as speeding, drinking while driving, failure to yield, or aggression.

Negotiating a Settlement Amount

After submitting your claim, the insurance company will offer a settlement amount. Do not accept the first offer, as it is likely lower than deserved. Negotiations can often yield a more appropriate compensation amount.

Common Tactics and Defenses Insurance Adjusters Use in Personal Injury Cases

A personal injury lawyer knows insurance adjuster tactics used to deny, discredit, or delay your personal injury claim. For advice on defenses against these practices, speak with an Iowa personal injury lawyer.

Common Insurance Adjuster Tactics

Accessing Your Medical Records: Insurers may request access to your entire medical history, looking for ways to minimize your claim.

Offering a Quick, Low-Ball Offer: Adjusters might offer a small settlement shortly after the accident, asking you to sign a full release, which forfeits your right to additional compensation if your condition worsens.

Placing You Under Surveillance: Adjusters might monitor you performing daily tasks to discredit your claim, potentially using the evidence to accuse you of insurance fraud.

Discouraging Legal Counsel: Adjusters may persuade you to avoid hiring a lawyer, promising fairness in handling your claim. They know an attorney’s involvement hinders their tactics.

Ways to Protect Yourself from Shady Insurance Adjuster Tactics

Denying Your Claim: Evaluate your original insurance policy agreement carefully. If the adjuster misinforms you or refuses to provide the policy in writing, contact an attorney.

Medical Records Access: Refuse to authorize the release of your entire medical history. Only provide documents pertaining to the accident.

Surveillance: Assume you are being observed and follow your doctor’s advice, avoiding tasks that could harm your claim.

Low Settlement Offers: Do not accept quick payments. Ensure the settlement covers your injury costs and consult a lawyer before signing any agreements.

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.