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If you or someone you care about has been hurt in a car accident near Mediapolis, medical evidence is very important. It is one of the biggest factors in deciding how much a claim is worth. But medical records are only part of the picture. Emotional injuries after a crash are just as real as physical ones, and deciding whether to hire an attorney can shape how the entire claim is handled. The Mediapolis car accident attorneys at Walker, Billingsley & Bair want local drivers to understand all three.
How Medical Records Impact Your Car Accident Settlement
Medical evidence includes your medical records both before and after the car accident, medical tests, medical imaging like MRIs, CT scans and x-rays, and doctors' opinions. You should make sure you have the best medical evidence in your claim by telling all of your medical providers everything that hurts and the problems you are having at home and at work because of your car accident-related injuries.
Bring Notes to Your Appointments
Doctors and other medical providers are sometimes in a rush and will not take the time you feel is needed for an appointment, which can lead to you forgetting to mention every problem you are experiencing. If you have multiple injuries or issues, make a list on paper and bring it with you. If a problem is not in your medical records, the insurance claims adjuster will likely ignore it.
Be Thorough, Not a Complainer
Everything you tell your medical providers will likely end up in your medical records. If your doctor asks how you are doing and you say "fine," that is what the insurance adjuster and ultimately a judge or jury will be reading. If you are not fine, tell your medical providers about it. You should not make up problems you do not have or exaggerate your symptoms, but you do need to be thorough in describing the problems and how they are impacting your life.
Follow Through With Recommendations
If your doctor recommends physical therapy, pain management treatment, or other forms of medical care, follow through, or you will face problems with your claim. Stopping treatment on your own can risk your health and potentially decrease the value of your claim. If a recommended treatment is not working, schedule a follow-up rather than simply stopping, since there may be alternative options.
Ask for a Referral if You Are Not Improving
If you have exhausted the treatment recommendations from your treating doctor but are still not better, ask for a referral for additional care, whether to a pain management clinic or a physiatrist who specializes in pain management and physical medicine.
Seek Out Reputable Doctors
If you are referred to a surgeon or other provider after being discharged from the hospital and have time to research, take the opportunity to learn about the provider's reputation first. There are doctors throughout Iowa routinely hired by insurance companies to say injuries were not caused by the accident at issue, and others with a reputation for poor surgical outcomes. A qualified Iowa personal injury attorney likely has experience with doctors across the state and can help guide you to the right providers.
Don't Give Up. Insurance adjusters are often trained to make the process difficult in hopes you will settle quickly for less than you deserve. Be cautious about what you believe from the adjuster, since asking you to send your medical bills does not necessarily mean they will pay them. If you wait too long to have your own health insurance cover your medical expenses, you may end up personally responsible for the difference if the at-fault driver's coverage is not enough. It is almost always best to tell your medical providers to submit bills to your own health insurance company first.
Accounting for Emotional Damages When Filing a Car Accident Claim
After a car accident, drivers may experience both physical and emotional injury. Emotional damages range from relatively minor distress to severe mental conditions. People commonly feel anger, anxiety, shock, irritability, agitation, and self-blame after a crash, and these feelings can manifest physically as severe anger, shouting, loss of appetite, lack of energy, nightmares, hypervigilance, difficulty concentrating, and forgetfulness.
PTSD and Other Emotional Conditions
Some drivers experience post-traumatic stress disorder, with symptoms including hyper-alertness, reliving the accident, emotional numbing, and avoidance, such as avoiding driving or having flashbacks while in a car. Others experience depression or anxiety related to the accident and their injuries, and accident victims who suffer serious physical injuries, such as a spinal cord injury, may become depressed as a result.
Pursuing Damages for Emotional Effects
There is a distinction between economic damages, which include medical expenses and lost wages that are fairly easily quantified, and non-economic damages, which are monetary awards for emotional distress, pain and suffering, loss of enjoyment of life, and other intangible harm. If a victim needs mental health therapy or medication for PTSD or another condition related to the accident, these expenses can be covered as economic damages, and it is important to consider future expenses as well as those already incurred.
Proving Emotional Damages
Claimants must prove causation, meaning that the accident led to the damages. An accident victim might provide testimony about certain emotional damages and can keep a journal of their emotions and feelings after the accident to use as evidence, as well as a way to cope. Medical records from mental health professionals can often help establish that the condition arose from the accident.
Economic damages cover quantifiable costs like medical bills and lost wages, while non-economic damages address pain, suffering, and emotional distress that are harder to put a number on.
Should You Get a Car Accident Lawyer?
If you are considering hiring a car accident lawyer for your Mediapolis claim, qualified lawyers usually operate under a few standard practices. There are no upfront fees or charges, so you do not have to pay a retainer or any money before the case is resolved. The attorney is only paid if they win, which is known as a contingency fee, typically ranging from around 30 percent if the case settles, to 33.33 percent if the case is litigated, and up to 40 percent if the case ends up on appeal. A qualified attorney does not just take every case that comes in the door, but only takes cases where they believe they can make a difference in the compensation received. The attorney should also handle all contact with insurance companies, obtain your medical records and bills on your behalf, and keep you updated on your case.
Red Flags to Watch For
If the lawyer you are considering varies from the practices above, it may be a red flag worth discussing with another lawyer. Some firms take every case that comes in the door hoping a few will turn out to be good ones, which affects how much time and attention any single case receives. Other lawyers may try to save time and expense by asking you to obtain your own medical records and bills. If a lawyer is not willing to spend the time and resources to get your records, it raises the question of how invested they will be in your case overall.
What to Expect From a Qualified Attorney
A qualified Mediapolis car accident attorney handles cases on a contingency fee, never requires payment up front, only takes cases where a real difference can be made for the client, and personally obtains medical records and bills. Contact us for a free, no-obligation consultation about your car accident claim.
Seeking Legal Assistance in Mediapolis
Seeking legal counsel from experienced Mediapolis 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.