Attorneys
- Mitchellville Car Accident Injury Attorneys
- Phone: 641-792-3595
- Directions
A car accident in Mitchellville can leave you dealing with pain, medical appointments, and an insurance company that is more focused on its own bottom line than on your recovery. The car accident attorneys at Walker, Billingsley & Bair help Mitchellville drivers and passengers understand what to do and what to avoid after a crash, how a work related car accident can create overlapping claims, and what to expect after a serious injury like a fractured ankle.
Dos and Don'ts After a Mitchellville Car Accident Insurance Claim
After a serious car accident, most Mitchellville drivers will end up filing an insurance claim. Before that process begins, it helps to know which actions can strengthen a claim and which ones can quietly damage it. Speaking with a personal injury attorney early on can help make sure the right steps are taken from the start.
Six Things That Help a Claim
- Contact an attorney as soon as you know you will be filing a claim
- Report the accident to the insurance company promptly
- Collect evidence, including photos, a police report, and witness contact information
- Seek medical attention even if you feel fine at first
- Keep records of all communication related to the accident
- Follow every instruction from your doctor
Six Things to Avoid
- Don't discuss the accident with anyone before speaking to an attorney
- Don't destroy or dispose of damaged items or clothing
- Don't post details about the accident or your recovery on social media
- Don't delay a medical evaluation
- Don't sign insurance paperwork before it is reviewed by an attorney
- Don't accept the first settlement offer
Insurance companies often ask claimants for a recorded statement shortly after an accident, hoping to get the person to admit fault or downplay their injuries. A Mitchellville driver is under no obligation to provide one right away. Likewise, insurers sometimes monitor social media, and even an innocent post saying "feeling good today" can later be used to argue an injury was not serious. Delaying a doctor's visit can be just as damaging, since injuries like whiplash may not show symptoms immediately, and a gap in treatment can make it harder to include those injuries in a claim later.
Iowa's statute of limitations generally allows two years from the date of a personal injury accident to file a lawsuit, so waiting too long to report an accident or begin a claim can put a Mitchellville case at risk.
Injured in a Mitchellville Car Accident While Driving a Company Vehicle
Thousands of Iowans drive as part of their job, and every year some of them are injured in a car or truck accident while working. If you were driving a company vehicle in Mitchellville as part of your job duties at the time of the crash, you likely have a workers' compensation claim in addition to any claim against the other driver. If you were using the vehicle for a personal errand outside of work, however, workers' compensation coverage typically would not apply.
How Medical Bills and Wage Benefits Work
When a work related car accident is covered by workers' compensation, the employer's insurance carrier is generally responsible for medical bills, though under Iowa law they are also allowed to direct medical care to providers of their choosing, subject to limited exceptions. If a doctor takes an injured Mitchellville worker off work entirely, a weekly workers' compensation check should follow. If the doctor instead issues work restrictions that the employer cannot accommodate, the same weekly benefit generally applies. When a worker is able to perform some work but earns less because of the restrictions, temporary partial disability benefits are designed to make up a portion of the difference between pre-injury and post-injury wages. The amount of a weekly benefit check depends on prior earnings, marital status, and the number of dependents claimed, and these benefits are generally not subject to income tax.
Claims Against the Other Driver
If another driver caused the crash, that creates what is known as a third party claim, which is a personal injury claim separate from workers' compensation. This can work in a Mitchellville worker's favor, but it also introduces some legal complexity.
Subrogation
The workers' compensation insurance carrier generally has the right to be reimbursed out of any recovery obtained from the at fault driver. Without legal representation, an injured worker may see little of that recovery reach them directly.
Right to Pursue the Claim
The workers' compensation carrier may notify an injured worker that it intends to pursue the third party claim on its own, which can significantly limit the worker's control over the outcome and how their best interests are represented.
Because these overlapping claims can become complicated quickly, it is worth consulting with an experienced Iowa injury attorney who has handled cases involving both a workers' compensation claim and a car accident claim against another driver, so that a Mitchellville worker's interests remain protected throughout the process.
Fibula Fractures and Broken Ankles From Mitchellville Car Accidents
A car accident can put significant stress on the ankle joint, whether from an object striking the ankle, the ankle becoming crushed in the wreckage, or a foot slamming against the floor of the vehicle during impact. Any of these can lead to a fracture.
Understanding the Injury
The ankle is made up of three bones: the fibula, the tibia, and the talus. The fibula is the smaller bone in the lower leg, and a fracture here is often simply called a broken ankle. According to the American Academy of Orthopaedic Surgeons, symptoms of a broken ankle can include severe pain, bruising, swelling, tenderness, visible deformity, and an inability to bear any weight on the ankle.
Diagnosis and Recovery
Doctors typically begin diagnosing a fibula fracture with a physical examination, followed by imaging tests to pinpoint the location and severity of the break. A stress test may also be used. Depending on how severe the fracture is, treatment may be surgical or nonsurgical. Nonsurgical treatment usually involves a cast or brace along with several weeks of rest, during which the patient cannot put weight on the ankle and may be unable to perform normal work duties.
Legal Options After a Fibula Fracture
A Mitchellville driver or passenger who fractures a fibula in a car accident may have grounds to recover compensation. If the right coverage, such as medical payments coverage, is available on your own policy, you may be able to file a claim with your own insurer. If another driver caused the wreck, the primary path to recovery is generally a liability claim against that driver, and a lawsuit may become necessary if a fair settlement cannot be reached through negotiation. Recoverable damages in these cases often include medical bills, lost wages, and pain and suffering. As with other personal injury claims, Iowa's statute of limitations gives an injured person two years from the date of the accident to file a lawsuit, so it is important not to delay in seeking legal advice.
Seeking Legal Assistance in Mitchellville
Seeking legal counsel from experienced Mitchellville 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.