Attorneys
- Mitchellville Personal Injury Attorneys
- Phone: 641-792-3595
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Getting hurt in an accident is stressful enough without having to figure out insurance company tactics, delayed symptoms, or the rules of the road on your own. The personal injury attorneys at Walker, Billingsley & Bair help Mitchellville residents understand what insurers do not want them to know, what to do when pain shows up later than expected, and how to stay safe as a pedestrian or driver around town.
What Insurance Companies Do Not Want Mitchellville Accident Victims to Know
Insurance companies are among the richest and most powerful corporations in the country. Every year they spend enormous amounts of money trying to reduce the rights and compensation available to hardworking people. What they cannot control, though, are the judges and juries who ultimately decide what a case involving a work injury, car accident, or other personal injury is worth. Based on years of experience representing injured Iowans, here are five things insurance companies would rather Mitchellville accident victims not know.
1. They Are Legally Allowed to Mislead You
No law requires the other side's insurance adjuster to tell you the truth or act in your best interest. Adjusters sometimes play the "nice guy" role to build trust, especially when injuries are serious, but their job is to pay as little as possible. It is a mistake to assume they are looking out for you.
2. You Do Not Have to Give a Recorded Statement
An adjuster may claim they need a recorded statement to evaluate your claim, but you are under no obligation to provide one. Recorded statements are often used to lock in early answers that can later be used against you, particularly around prior medical history.
3. Their "Final Offer" Rarely Is
Insurance companies frequently claim an offer is final when it is not their best offer. There is little downside to countering, and sometimes a fair resolution only comes after a lawsuit is filed.
4. They May Try to Frustrate You
A low initial offer is sometimes designed to make you angry enough to accept a low-ball settlement just to be done dealing with the adjuster. Serious injuries deserve patience and, often, legal representation.
A fifth tactic worth knowing about involves medical bills. In a personal injury case, an adjuster may tell you to send them your medical bills, but that does not mean they will actually pay them as they come in. This approach is sometimes used to pressure a Mitchellville accident victim into a cheap settlement once collection calls from hospitals and doctors start coming in. It is generally best to have medical bills paid through health insurance or medical payments coverage under an auto policy while a claim is pending, since resolution with the other side's insurer can take a long time.
Remember: the insurance adjuster assigned to your Mitchellville claim works for the company that is trying to limit what it pays. If you are not ready to speak with an attorney, it is still worth learning your rights before speaking with an adjuster or signing any forms.
What If Your Mitchellville Accident Injuries Do Not Appear Right Away?
Whether you were hurt at work, in a car accident, or in another type of accident in Mitchellville, it is common for pain not to appear until later the same day or even the next day. Regardless of when the pain starts, you should seek medical care and treatment as soon as symptoms show up.
Why Symptoms Are Sometimes Delayed
Adrenaline and other hormones like cortisol released after an accident can temporarily mask pain. Anyone who has worked out too hard knows that muscle soreness often does not show up until the next day. Once the pain starts, it is important to promptly seek medical care so your injury is documented and your healing can begin.
Waiting More Than a Week to Seek Care
Waiting longer than a week to see a doctor is not necessarily fatal to a claim, but it will raise a red flag with the insurance adjuster. It helps to explain to your doctor exactly when the pain started and why you did not seek care sooner. Failing to seek treatment at all can seriously damage a claim.
When a Work Injury Develops Gradually
Some injuries, known as cumulative trauma, develop gradually over time rather than from a single event. Iowa law generally requires a work injury to be reported within 90 days, so it is important to explain clearly which part of the job caused the injury, even if the pain came and went before becoming serious. Waiting too long to report, even because the pain used to go away, can lead an employer to argue the claim was not reported on time.
New Symptoms That Show Up Later
It is common for doctors and patients to focus on the most obvious injury first. For example, someone with severe neck pain and pain radiating into an arm after a car accident may need neck surgery, only to notice shoulder pain once the neck and arm improve. In that situation, the original pain was likely masking the shoulder problem. Similarly, favoring an injured arm can lead to overuse injuries on the opposite side, and a serious leg injury can eventually cause back or hip pain from walking differently while healing. Any new symptom like this should be reported right away.
Establishing which conditions are actually related to the original accident is known as a causation opinion, and it generally requires more than a doctor simply saying a connection is "possible." Because the injured person carries the burden of proving it is more likely than not that the accident caused the condition, working closely with your medical providers, ideally through direct conversation rather than only a letter, tends to produce stronger opinions to support a Mitchellville personal injury claim.
Pedestrian Safety Tips for Mitchellville Residents
As the weather warms up, more Mitchellville residents are outside walking, which means drivers need to watch closely for pedestrians and pedestrians need to stay visible, especially at night. Wearing dark clothing after dark can make it much harder for a driver to see someone crossing the street.
How Pedestrians Can Protect Themselves
As a pedestrian, you should never assume a driver sees you, even at a crosswalk or stop sign. Making eye contact with the driver before stepping in front of a car is one of the best ways to confirm they have noticed you. It is safer to cross at intersections rather than in the middle of a block, since parked cars can hide a pedestrian from view and drivers are generally less alert to crossings away from an intersection. If you are crossing with a walk signal and are struck by a car, the driver is generally considered at fault.
How Drivers Can Help Prevent Pedestrian Accidents
Drivers have a duty to yield to pedestrians at crosswalks and can be found negligent if they fail to do so. If a pedestrian crosses during a yellow or red light and is struck, the pedestrian may bear some fault, since they generally have a duty to yield to vehicles in that situation. Distracted driving, including talking on the phone or texting, increases the risk to pedestrians throughout Mitchellville, which makes it especially important for drivers to stay alert near crosswalks and residential streets.
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.