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- Oelwein Personal Injury Attorneys
- Phone: 641-792-3595
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When you are injured in Oelwein or anywhere in Fayette County, whether in a car crash, a bicycle accident, a workplace incident, or any other event caused by someone else's negligence, the decisions you make in the days and weeks that follow will have a lasting impact on your ability to recover fair compensation. Most people going through this process for the first time have no idea how many easy, avoidable mistakes can quietly cost them thousands of dollars before an attorney ever gets involved.
At Walker, Billingsley & Bair, we have been representing injured Iowans for over 28 years. The information below covers three areas that come up constantly in personal injury cases: the ten most common and costly mistakes people make in their interactions with doctors after an injury, how liability is proven in right-turn bicycle accidents, and what Iowa workers need to know about filing third-party claims alongside their workers' compensation case.
10 Mistakes to Avoid When Dealing with Doctors After an Injury
Many people fail to realize how important their interactions with their doctors are when treating for an injury. Common mistakes can make a significant difference in your case whether you have been hurt in a car accident, a work injury, or any other type of personal injury. Not reporting your pain and how your injury is affecting your work will limit the information documented in your records and will directly affect your doctor's opinion of your condition.
It is your responsibility to prove that you were injured by the accident. If you have any pain or physical problems after an injury, seek medical care immediately. Insurance companies and juries often believe that if you did not seek prompt medical attention, your condition may not be related to the accident at all. Even relatively minor pain can lead to serious problems later, so see a doctor as soon as possible. You do not want the first words out of the insurance company's attorney to the jury to be that you did not bother seeing a doctor until days after the accident.
Your medical providers' job is to focus on your injuries and treatment, not your lawsuit. They do not need to know whether you have an attorney or the details of your legal claim. Keep in mind that whatever you say to your medical providers is not confidential once you bring an injury claim. Anything and everything you tell them can end up in your medical records, which the insurance company and potentially a judge and jury will see. You do need to tell your providers how you were injured, for example that you were in a car accident on a specific date or that you hurt your back lifting at work. But leave the legal conversation for your attorney.
Your doctors will typically ask whether you have previously had any injury to the same area of the body where you are now having problems. Be honest. Your doctors use your past medical history to diagnose and treat you, and providing incomplete or inaccurate information can negatively affect both the quality of your care and your legal case. All of your prior medical records will eventually be made available to the insurance company. Be equally honest when describing the accident itself. Do not tell your provider the damage was worse than it was. The insurance company and their lawyers will attack your credibility with anything they can find.
The insurance company, their lawyers, and potentially a judge and jury will review your medical records. When you miss an appointment, your record simply notes "No show" or "DNS" for did not show. No matter how valid your reason may have been, that notation looks bad. More than one such entry can make it appear that you did not care about your treatment, and it can irritate your medical provider. Doctors who are frustrated with patients do not make good witnesses for those patients. If you need to cancel, call at least 24 hours in advance and reschedule promptly.
Your medical records are the foundation of your injury claim, and what is documented in them matters enormously. If there is no mention in your records of problems doing your job, it is unlikely that the insurance company or a jury will simply take your word for it later. If your injury is negatively affecting your ability to work, tell your health care provider at every appointment. Taking notes with you to your visits can help you make sure you cover everything that needs to be documented.
Pain is something medical providers cannot see or feel, but they are required to document it in your records. Insurance companies and juries will want to read about your pain in those records, including how quickly you reported it after the accident, where it was located, how severe it was, and how long it lasted. Writing out your symptoms before appointments and giving the notes to your provider can help ensure nothing is missed. Do not exaggerate your pain level. Doctors are trained to identify inconsistencies. When asked to rate your pain on a scale of one to ten, keep in mind that a ten represents your worst imaginable pain. Very few people have ever experienced pain above an eight in their lifetime.
Doctors prescribe specific medications for specific periods of time for good reason. Follow your doctor's recommendations. If you believe a medication is causing unwanted side effects, call your provider and ask about switching to something else. Do not simply stop taking the medication on your own. Some medications need to be tapered, and admitting that you chose not to follow your doctor's orders can be devastating to your claim.
Insurance companies and juries will generally interpret a stop in medical treatment as a sign that the person has healed. Significant gaps between treatments, a month or more, will be used against you to suggest that you recovered from the original injury and later sustained a new, unrelated one. If you are still having problems but your doctor has told you to return as needed, ask specifically how long you should wait before calling if your pain and limitations continue. Your doctor may be able to refer you to a specialist for additional care.
You need to keep business cards, bills, and other records for every medical provider you see. Your attorney will need this information to obtain your records and build your case. Also keep copies of work excuses, restrictions, referrals, and other orders given to you. If you need to provide a work excuse to your employer, always make a copy for your own file first.
Pain, limited activities, and disability following an injury often trigger anxiety and depression. These psychological conditions are just as real as a broken bone and cannot be overcome without appropriate medical care. You can be compensated for psychological conditions caused by your injury, but only if those conditions are properly diagnosed and treated by medical professionals. If you are experiencing mental health struggles as a result of your injury, tell your doctor and follow through with the recommended treatment.
Bicycle Accidents: Proving Liability in Right-Turn Crashes
One of the most common and dangerous types of bicycle accidents in Iowa involves a vehicle making a right turn while a cyclist is traveling alongside in the shoulder or bike lane. This type of accident is commonly called a "right hook" crash, and while it is usually the driver's fault, proving liability requires presenting proper evidence of their negligence.
How Right-Turn Bicycle Accidents Happen
There are three primary scenarios in which right-turn bicycle accidents occur. In the first and most common, a bicyclist and a car approach an intersection together and the car turns right, with the driver failing to see the cyclist until it is too late. In the second, a cyclist attempts to overtake a slower-moving car by passing on the right, unknowingly placing themselves in danger when the car turns. In the third, a bike and a car are waiting at a red light together, and when the light changes the car turns right, cutting off or striking the cyclist who was proceeding straight.
What Evidence Is Needed to Prove the Driver Was at Fault
To establish that the driver was primarily responsible for a right-turn bicycle accident, several types of evidence will be necessary. A police report is essential, as it details the accident scene and the events as described by the responding officer, and notes any citations issued. Eyewitness accounts are among the most powerful forms of evidence available, because witnesses can describe what both the bicycle and the vehicle were doing before the collision occurred.
A driver can be proven negligent and liable if the evidence shows they were speeding, failed to use a turn signal, or abruptly changed lanes without warning. Video evidence can also be crucial. Many intersections have traffic cameras that may have captured the incident, and nearby businesses may have surveillance footage that recorded the crash. Your attorney should move quickly to preserve this evidence before it is overwritten or lost.
It is important to note that a cyclist's own behavior will also be examined. If witnesses or evidence show the bicyclist was swerving between lanes, riding too close to vehicles, or ignoring a traffic control device, those facts may be used as a defense in a bike accident claim by the driver. Iowa's comparative fault rules mean that if the cyclist is found to bear a portion of the fault, their recovery may be reduced proportionally to that percentage.
Tips for Cyclists to Reduce the Risk of Right-Hook Crashes
When riding near a vehicle, try to maintain a safe distance behind so you can anticipate turns or lane changes before they happen. As you approach intersections, check your surroundings for nearby vehicles. Avoid passing a car on the right unless it is truly necessary. If you do pass, make sure there is enough open space to your right in the event you need to swerve away from a car turning in front of you.
Third-Party Claims: When Your Work Injury Involves Someone Outside Your Employer
If you were injured in an Iowa work accident, you may be entitled to pursue a third-party claim in addition to your workers' compensation benefits. Any employee injured on the job is entitled to workers' compensation, but the situation becomes more complex when someone other than the employer or a co-worker contributed to causing the injury.
Why Workers' Compensation Alone May Not Be Enough
Employees cannot sue their employers for injuries that occur at work once they accept workers' compensation payments. Employers are legally protected from lawsuits when these benefits are paid, even when an employer's negligence was the direct cause of the injury. However, workers' compensation benefits cover only your medical expenses and lost wages. You cannot receive compensation for pain and suffering, mental anguish, or punitive damages through workers' compensation alone. When injuries are severe, this limitation can leave a worker with significant uncompensated losses.
When a Third-Party Claim May Apply
A third-party claim arises when someone outside of your place of employment contributed to causing your work injury. Liability in these cases depends entirely on the specific circumstances of the accident. If you were injured by a defective piece of equipment or a faulty product while on the job, the manufacturer of that product may be liable. If you were injured while working at another company's property or job site, the property owner may bear liability through a premises liability claim. If you were driving your company vehicle and another driver ran a red light and struck you, that driver can be held liable through a personal injury claim even though the accident occurred during the course of your employment.
The Value of Pursuing Both Claims Together
A third-party claim can allow you to recover damages that go well beyond what workers' compensation provides. This is especially important in cases involving severe injuries where workers' compensation limits may not come close to covering your total losses. With a third-party claim, you may be able to pursue compensation for pain and suffering, emotional distress, and other categories of damages not available through workers' compensation.
Pursuing both a workers' compensation claim and a third-party claim simultaneously can be complicated and time-consuming, which is precisely why you need the help of an Iowa attorney who handles both types of cases. A qualified attorney can evaluate the full circumstances of your injury, determine who may be negligent beyond your employer, and pursue every available avenue of compensation on your behalf.
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.