New London Personal Injury Attorneys

Personal injury cases in New London can arise in many different ways, from a work accident involving a negligent third party to a pedestrian being struck while crossing the street. Understanding your legal options and how insurance companies operate is important to protecting your rights and recovering the compensation you deserve.

When a Third Party Contributes to a New London Work Accident

Any employee who is injured while on the job is entitled to receive workers' compensation benefits. However, the situation can become complicated when another party is involved, someone other than the employer or a co-worker. If you were injured in a New London work accident, you may be able to pursue a third-party claim in addition to workers' compensation, and it is worth seeking legal help to evaluate your options.

Overview of a Third-Party Claim

Employees generally cannot sue their employers for injuries that occur at work if they accept workers' compensation payments, since employers are protected from lawsuits when these benefits are paid. Even if an employer was clearly negligent and was the direct cause of your injuries, you cannot seek legal recourse against them. However, in some cases your injuries may have been caused by another person or company not related to your place of employment. This may lead you to file what is called a third-party claim. A third party may be negligent for part or all of your injuries, and it will depend on the specific circumstances surrounding your New London work accident.

Liability in a Third-Party Claim

Liability for a third-party claim depends on the circumstances of your accident. For instance, if you were injured while on the job but it was caused by a defective product, then liability may be found with the manufacturer. If you were injured while on the job at another company's site, then liability may be found with the property owner, meaning you would need to file a premises liability claim. If you were driving your company vehicle and another driver ran a red light and struck you, that driver may be held liable through a personal injury claim. A third-party claim can become complicated and time-consuming, which is why it helps to have an attorney who handles both workers' compensation and personal injury cases.

Compensation in a Third-Party Claim

Workers' compensation benefits will cover your medical expenses and lost wages, but you cannot receive other types of damages, such as pain and suffering or mental anguish, and you cannot receive punitive damages related to extreme recklessness or intent to harm. With a third-party claim, you may be able to recover damages that go above and beyond just your medical expenses and lost wages, which is important in cases where injuries are severe, because there are limits on how much you can receive from workers' compensation alone.

Can You Trust the Insurance Company in Your New London Injury Case?

In Iowa alone, there are more than 100 insurance companies that sell insurance policies, ranging from personal injury coverage to workers' compensation. Although people generally buy insurance to protect themselves against future loss, paying a premium does not mean the insurance company is going to look out for you after a New London accident. Some people assume that if they are injured, their own insurance company will pursue the other driver on their behalf, but that is simply not true. While your insurance company may try to recover what it paid for property damage, it is highly unlikely to pursue a claim for your personal injuries.

If you are dealing with another insurance company, such as the company for the party who injured you, there are a few things you should know:

• The insurance company is not representing you or your best interests
• They are not required to tell you the truth
• The insurance company is in the business of making the most profit possible, which means paying you as little as possible
• The insurance adjuster may be pleasant, but they are not looking out for you
• Insurance companies are in the business of selling insurance and do not like paying claims

We will let you make your own determination about whether you can trust the insurance company handling your New London injury claim, but it helps to keep in mind whose side that company is really on.

Tips for Dealing With Insurance Companies After a New London Accident

Staying Safe as a Pedestrian in New London

As the weather warms up and people spend more time outside, drivers need to watch closely for pedestrians. Drivers should keep an eye out for pedestrians crossing the street, especially at night, and pedestrians should keep in mind that they need to be visible to drivers at all times. Wearing dark colored clothing at night can make it harder for drivers to see you, so it is always a good idea to keep safety in mind whether you are behind the wheel or on foot in New London.

How Can You Protect Yourself as a Pedestrian?

As a pedestrian, you should never assume that a car's driver sees you. You do not know what is going on inside the vehicle or whether the driver is distracted. Even if you are standing at a crosswalk or by a stop sign waiting to cross, this does not mean the car will actually stop. You should make eye contact with the driver before walking in front of their vehicle, and you should always make sure you have plenty of time to cross without having to worry about being hit.

You should also never try to cross the street in the middle of a block. Always go to the next intersection instead. If there are cars parked along the side of the road, they might keep you hidden from drivers until it is too late, and most drivers are not really watching for pedestrians in the middle of a block the way they do at intersections. If you encounter a walk light, you are generally safe to cross the road in the direction of the signal. If you were hit by a car after crossing during a walk light at a crosswalk, the driver is most likely at fault.

How Can You Protect Yourself as a Driver?

As a driver in New London, you need to yield to pedestrians at crosswalks, or you may be found negligent. It is a driver's duty to yield to pedestrians when the pedestrian is crossing at the proper time and to give warning by sounding their horn if necessary. If a pedestrian decides to cross during a yellow or red light and is accidentally hit by a car, the pedestrian may be considered at fault, because it is their duty to yield to vehicles when crossing during a red or yellow light. Many people today are talking on their cell phones, texting, or otherwise distracted while driving, which increases the risk for pedestrians walking across the road.