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Injuries and accidents can suddenly change lives. During these challenging moments, car accident injury lawyers are vital allies. They advocate for those harmed by others' negligence, ensuring fair compensation. This piece emphasizes the important function these lawyers serve in assisting individuals with their claims and rebuilding their lives.
Torn Tendon in Car Accident: Common Types and How It Impacts a Claim
A torn tendon is one type of injury that Iowa drivers might suffer in a car accident. These soft, band-like tissues connect the muscles to the bone. A stretched tendon can result in a partial or complete tear and may impair movement. Injured drivers might face medical bills, lost or reduced wages during recovery, and other damages.
Joints most often affected by a torn tendon from a car accident are shoulders, ankles, and knees. The severity depends on the nature of the accident and the injuries sustained.
Common Types of Torn Tendons
Shoulder: This can include a tear in the bicep or rotator cuff. Both can occur when the person extends his or her arm, such as to brace for impact. A rotator cuff tear can also occur with another injury; for instance, a dislocated shoulder or broken collarbone. A rotator cuff tear is also a common cause of disability.
Ankle: The tearing of a tendon in the ankle can affect mobility. This can happen when there is sudden impact to the legs in a car crash.
Knee: Torn tendons in the knees include the patellar tendon (which some refer to as the patellar ligament because it actually connects bone to bone instead of muscle to bone). A tear to the patellar tendon is oftentimes disabling. It requires a strong force to tear this tendon, which connects the kneecap to the shinbone.
Signs of a Torn Tendon
The following are possible signs and symptoms of a torn tendon:
- Bruising
- Popping or snapping sound
- Numbness or weakness
- Difficulty with movement
- Pain which may worsen with movement
Treating a Torn Tendon
A torn tendon may heal over time without surgical intervention. This is more likely with a partial tear. Nonsurgical treatment could include ice packs and nonsteroidal anti-inflammatory drugs (NSAIDs). These help relieve pain and reduce swelling. If this doesn’t work, sometimes the individual needs a steroid injection.
The injured person will likely have to rest during healing and recovery. This could include not working for a time, which can affect wages. The patient may start physical therapy after the swelling has gone down.
Sometimes a torn tendon requires surgery to restore movement. After surgery, the individual may need a cast, splint, or sling for support. Many patients require some form of rehabilitation. In general, recovery is longer if surgery is required.
Legal Recourse after Suffering a Herniated Disc in an Iowa Car Accident
When a driver is in a car accident in New Hampton that results in herniated discs, he or she can seek compensation for this injury from the at-fault driver’s insurance policy. Injured drivers can seek both economic and noneconomic damages but may face challenges proving causation and the extent of their damages.
Herniated Discs Symptoms and Prognosis
The spine consists of vertebrae and soft discs as well as the spinal cord. These discs act as a cushion for the vertebrae and help with flexibility. They are made of a hard covering (capsule) and a softer inner jelly-like substance (nucleus). A herniated disc occurs when the inner portion protrudes through a weak or damaged spot in the outer covering, pressing on nerves in the spinal column.
Doctors may first try to treat herniated discs with a combination of pain medications and physical therapy. If this doesn’t improve and manage the condition, the patient may have to undergo surgery to repair the damaged discs.
Surgeons can remove the protruding part of the disc or may remove the entire disc. If the entire disc is removed, the vertebrae have to be fused together or the surgeon has to insert a replacement disc in the gap. These procedures can result in months of recovery time in some cases.
Legal Recourse for Herniated Discs Caused By a Car Accident
If an injured driver can prove that a defendant was negligent and caused the accident and that the accident directly caused an injury, the driver may be entitled to compensation from the defendant or the defendant’s insurer. Negligence broadly means failing to use reasonable care to prevent harm to others, so evidence of such behavior is important if pursuing a claim or lawsuit. Injured drivers may claim both economic and non-economic damages related to herniated discs.
Economic damages include things like:
- Medical expenses
- Lost wages
- Expenses traveling to and from medical appointments
Non-economic damages include things like pain and suffering and emotional distress that arise from the accident.
Challenges to Proving a Case
Defendants may dispute that the accident directly caused the herniated discs and instead argue that the plaintiff already suffered from the herniated discs before the accident. In these cases, medical records from before and after the accident may demonstrate that the accident caused the herniated discs.
Iowa is a modified comparative fault state. This means that plaintiffs need to be 50 percent or less at fault in an accident to recover damages. Also, because the state follows a comparative fault theory, a plaintiff can only collect damages minus his or her proportion of fault. For example, if a claimant or plaintiff is 20 percent at fault in a $10,000 case, the claimant or plaintiff collects $8,000 from the defendant.
Drivers suffering from herniated discs caused by accidents that were no fault of their own should consult a lawyer. A lawyer can help drivers obtain compensation for their injuries by establishing the defendant’s fault and the extent of damages.
Hurt As A Passenger In A Car Accident?
A large number of Iowa car accident injuries occur to passengers, and they aren’t always sure what compensation they deserve. The driver of the vehicle they were riding in, another driver, or in some cases multiple drivers could be at fault. There are some special considerations in these cases that are different from your normal Iowa car accident cases.
Know Your Rights
Assuming that you were not negligent as a passenger (for example, you did not cause the accident by grabbing the steering wheel), you should be assessed no fault unless you were not wearing a seatbelt, which can reduce your compensation.
Depending upon the nature and severity of your injuries, there may not be enough car insurance available under the at-fault driver’s policy to cover your injuries.
Iowa law only requires a minimum of $20,000 per person and $40,000 per car accident in insurance coverage. This means if the at-fault driver only has the minimum policy limits, which unfortunately is quite common, then you will need to look at other insurance policies to compensate you for your injuries if they are severe enough.
If your injuries only require a few doctors’ visits and are not permanent, then there may be enough insurance coverage. However, if you sustained more serious injuries such as broken bones, required surgery, etc., then you will want to look at every possible source to recover compensation.
Where To Recover Compensation
You were a passenger in the at-fault driver’s car: If the driver of the vehicle you were riding in is at fault and does not have enough insurance to cover your injuries, then you will want to look at your own car insurance policy.
Iowa law requires that insurance companies offer you UIM (underinsured motorist coverage), which protects you if the at-fault driver does not have enough insurance coverage.
Often our clients are worried about what will happen if they make a claim for UIM against their own insurance. Insurance rates are determined by claims made, credit score, driving record, and other factors only known by insurance companies, but we have yet to have a client who made a UIM claim tell us that their rates were raised because they made a UIM claim.
There are hundreds of insurance companies to choose from, and if your rate does go up, you can shop around for a better rate. If you decide to not make a UIM case, you could be costing yourself tens of thousands of dollars depending on the severity of your injuries and the amount of coverage you purchased.
Another vehicle is at fault: If another driver was at fault, then you would first look to the insurance for the at-fault driver. If the at-fault driver does not have enough insurance, you may have one or more insurance policies STILL available to provide you compensation.
If the vehicle you were riding in had insurance, then any UIM coverage available would be primary to compensate you if injuries exceed the at-fault driver’s insurance policy limits.
Also, if you have your own car insurance policy or are covered by another person, then you may have another insurance policy to provide you with additional compensation under the UIM provisions.
Both drivers are at fault: If both the driver of the car that you were riding in and the other drivers involved in the car accident are at fault, then you may have claims under both driver’s liability policies.
If your injuries exceed all at-fault drivers' available coverages, you can still be covered under a car insurance policy that you or a member of your household purchased. You may be able to seek additional compensation up to the policy limits of the UIM coverage under the secondary policy.
What Can Go Wrong
There are many potential pitfalls when dealing with serious injuries and UIM insurance coverage.
If you settle with the at-fault driver’s insurance company on your own and do not follow the proper procedures set forth in the UIM car insurance policy, you may not be able to receive additional compensation.
You need to know who is paying your medical bills and who is paying your health insurance company back. Failing to have this documented in writing can result in some or all of the money you receive being paid to medical providers and/or health insurance companies.
If you have been injured and your injuries exceed the policy limits of the at-fault driver(s), before you agree to any settlement you should at least talk to a qualified Iowa Car Accident Attorney. We have helped thousands of Iowans injured in car accidents, many of which had UIM claims.
Seeking Legal Assistance
Seeking legal counsel from experienced 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.