Lisbon Car Accident Injury Attorneys

A car accident in Lisbon can leave you facing serious injuries, confusing insurance questions, and important decisions about your legal rights. Whether you were not wearing a seatbelt at the time of the crash, suffered a fracture to the heel bone, or are dealing with whiplash symptoms that are affecting your daily life, understanding how Iowa law treats these situations can help you protect your claim from the very beginning.

Do You Still Have a Case If You Weren't Wearing a Seatbelt?

The short answer is yes, you still have a case. Iowa law requires all front seat occupants to wear a seat belt, and anyone under the age of 18 who is not in a car seat must wear a seat belt in both the front and back of a vehicle. Iowa follows a system known as comparative fault. In 2018, the Iowa legislature passed a law, Iowa Code Section 321.445, increasing the percentage of fault a person can be found for failing to wear a seat belt when required by law, raising the cap from 5 percent to 25 percent.

Why This Matters for Your Claim

For every percentage of fault a judge or jury assigns to you, your damages are reduced accordingly. For example, if you were the driver or front seat passenger not wearing a seat belt during a crash caused by someone else, and your total damages were $100,000, being found 25 percent at fault would mean your recovery is reduced by that same percentage. Insurance companies will sometimes argue that a passenger can be found comparatively at fault for not wearing a seat belt in the back seat, even though it is not illegal to do so. There is no conclusive case law on this issue, and district courts have gone both ways.

In some cases, the defense will submit medical evidence in court, typically a doctor or other expert testifying about how injuries would have been less severe with a seat belt. There are studies these experts can point to in support of that position. Jurors may also be more critical of an injured person who was not wearing a seat belt, which can affect the amount of compensation awarded in addition to any finding of partial fault. This sometimes happens because of what is known as attribution bias, where jurors do not want to imagine that they or someone they love could be seriously hurt in a car accident, so they look for ways to place blame on the injured party's own choices.

There are good reasons to always wear a seat belt beyond the legal implications. Statistics show that seat belts help prevent ejection from a vehicle, which is among the leading causes of death in a crash. Scientific data also shows that overall injuries tend to be less severe when a seat belt is worn. On top of the legal and safety considerations, an adult riding in the front seat without a seat belt will also end up with a ticket and fine to pay. Because there can be many extenuating circumstances that affect how fault is determined after a Lisbon car accident, it is often worth speaking with an attorney who can help evaluate who was truly at fault.

Calcaneus Fractures from Car Accidents

A calcaneus fracture is a fracture of the heel bone, and it can be extremely painful, sometimes leading to long-term complications. One common cause of a calcaneus fracture is a car accident, since trauma to the feet during a crash can lead to this type of fracture as well as other fractures, sprains, or strains in the foot and ankle area.

Symptoms and Types of Fractures

According to the American Academy of Orthopaedic Surgeons, common symptoms of a calcaneus fracture include heel deformity, pain, bruising, swelling, and an inability to put weight on the heel. Fractures may be classified as stable, displaced, open, closed, or comminuted. Comminuted fractures are often considered the most serious, since they are unstable and involve the bone shattering into three or more pieces.

Treatment and Possible Complications

Treatment for a calcaneus fracture depends on the type and severity of the injury. When the fracture is not severe, nonsurgical treatment options may be considered, including casting or other forms of immobilization, physical therapy, and pain medication. When the fracture is more severe, surgery may be necessary, typically either open reduction and internal fixation or percutaneous screw fixation, both of which require rehabilitation therapy afterward.

Unfortunately, calcaneus fractures do not always heal as expected, and complications can arise. According to the American Orthopaedic Foot and Ankle Society, possible complications related to surgery include infection, damage to nerves and blood vessels, bleeding or blood clots, complications in skin healing, nerve stretch, chronic pain, joint stiffness, and tendon or nerve irritation.

Most car accidents are caused by preventable driver errors. If you were in a Lisbon car accident caused by another driver's mistake and sustained a calcaneus fracture, it is worth speaking with an attorney about your financial recovery options, including medical expenses, lost wages, and pain and suffering damages related to your injury.

What to Do If You Suffer Whiplash from an Accident

The medical term for what is commonly known as whiplash is a cervical strain. The cervical part of your body is your neck, and a strain means the muscles or tendons have been injured. Sometimes these injuries are severe enough that the muscles and tendons actually tear, though this tearing often will not show up on an x-ray or standard physical examination. Whiplash injuries to the neck can have long-term and even devastating effects, including a permanent loss in range of motion, debilitating neck pain and stiffness, resulting headaches, and in severe cases, loss of use of the hands, arms, or legs. What seems like a minor injury at first can result in a lifetime of medical problems.

Seeking Prompt Medical Care

Whiplash injuries can occur in car accidents, work injuries, falls, and other types of personal injury accidents. While a percentage of whiplash injuries heal within a few weeks or months, it is very important to seek medical care immediately after a Lisbon car accident. Failing to seek prompt care not only means your condition may not be properly treated, but it can also negatively affect a personal injury claim you bring later. Waiting days or weeks before seeking care can reduce the value of your claim, so it is always best to be seen right away.

Treating a Whiplash Injury

Treatment for whiplash can include physical therapy, chiropractic care, prescription and over the counter medications, injections, radiofrequency denervations or ablations, facet blocks, nerve blocks, ice, heat, stretching, and massage. The sooner treatment begins, the better the outcome tends to be, and the chances of a permanent injury are generally reduced.

It is also important to attend all scheduled medical appointments. Missed appointments can increase healing time and make your case look weaker in the eyes of an adjuster or jury. If you need to reschedule, try to call the day before or at least a few hours ahead of time. Gaps in treatment can also hurt your case. For example, if a doctor prescribes physical therapy but you do not begin for several weeks, an adjuster, judge, or jury may question why you waited if you were truly in significant pain.

If a medical provider eventually says there is nothing more they can offer for your whiplash injury but you are still experiencing problems, it is important to continue seeking care, whether that means a referral to pain management, a chiropractor, additional physical therapy, or another specialist. Some doctors may say there is no objective evidence of injury and suggest the injury is not genuine, which is why it can help to talk with a qualified personal injury attorney before choosing a doctor for whiplash treatment. An experienced attorney can help guide you toward doctors who have a track record of helping injured clients and away from those who may not, including certain specialists whose evaluations tend to favor the insurance company rather than the patient. Family doctors do not always know about specialists such as physiatrists, who focus specifically on physical medicine and rehabilitation and often treat chronic pain caused by whiplash injuries.

Seeking Legal Assistance in Lisbon

Seeking legal counsel from experienced Lisbon Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.

Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.

That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.

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