Ogden Personal Injury Attorneys

Being injured because of someone else's negligence in Ogden is stressful enough without having to navigate an insurance company that is not looking out for your best interests. Understanding the tactics insurance companies commonly use, knowing the alternative paths available for resolving a dispute, and being aware of the common causes of bicycle accidents can help you protect your rights and your health if you have been injured.

What Insurers Don't Want You to Know

Insurance companies are some of the richest and most powerful corporations in the country. Each year they spend enormous sums attempting to reduce the rights and compensation available to hardworking people so they can maximize their own profit. What they do not control, however, are the judges and juries that ultimately decide the amount of compensation owed if someone has been hurt at work, in a car accident, or in another type of personal injury accident. There are a number of things the insurance company generally does not want an injured Ogden resident to know.

The Insurance Company Is Legally Allowed to Mislead You

There is no law requiring the insurance company for the other side to tell you the truth or do anything that is in your best interests. This is why an insurance adjuster will sometimes act friendly and try to build trust, a routine that is especially common when injuries are serious. It is a mistake to trust an insurance adjuster, because their job is to pay as little money as possible. They are not required to treat you fairly, and adjusters who build a track record of paying less than a case is worth are often rewarded for it. They are not going to explain your rights, the best way to proceed with your claim, or anything else that would actually help you. The insurance company is not looking out for your best interests and will take advantage of you whenever it can.

You Do Not Have to Give a Recorded Statement

An insurance adjuster will often claim that a recorded statement is required to evaluate a claim, but in reality there is no obligation to give the other side's insurance company a recorded statement. The reason they want one is so they can ask questions in a way that allows your answers to later be used against you. For example, if you are asked whether you have ever had back pain before and answer no without thinking it through, but your medical records later show treatment for back pain years earlier, the insurance company's lawyer may try to make it look as though you were lying or covering something up. Credibility is extremely important in any injury case, which is exactly why an adjuster may try to damage it early on.

Their Final Offer Is Usually Not Their Best Offer

During negotiations, an insurance company will often claim that a particular number is its final offer. In reality, this is usually not their best offer. There is little to lose by proposing a counteroffer, since it is highly unlikely the insurance company will simply refuse to negotiate any further. Sometimes it takes filing a lawsuit and going through the legal process to obtain a truly fair offer.

They Will Try to Frustrate You

When the friendly approach does not work, insurance adjusters sometimes intentionally frustrate injured claimants. A very low initial offer can make a person angry, and the adjuster knows that a certain percentage of people will accept a lowball offer just to avoid dealing with the process any longer. If you have sustained a serious injury with potential lifelong effects, it is worth turning the matter over to an experienced injury attorney who deals with these tactics daily and can handle communication with the insurance company on your behalf.

They Will Not Pay Your Medical Bills as You Incur Them

An adjuster may ask you to send your medical bills to them, but this does not mean they will actually pay them as they arrive. This is often a strategy meant to pressure an injured person into settling for less once collection calls from creditors, hospitals, and doctors begin. In car accident and personal injury cases, it is generally best to have medical bills paid through health insurance or medical payments coverage under an auto policy, since it could otherwise be years before a case against the other side is resolved.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases in Ogden are resolved through negotiation with an insurance company, but sometimes a dispute requires an alternative means of reaching an agreement, which can help avoid time-consuming and costly litigation.

Arbitrating a Personal Injury Case

Arbitration is somewhat similar to a courtroom hearing but with fewer rules surrounding the use of evidence. An arbitrator reviews the facts and evidence, listens to testimony from witnesses, and then makes a final decision. It is generally less costly than litigation and usually takes less time. Arbitration can be binding or non-binding, meaning the arbitrator's decision is either final, or the parties retain the option not to accept it.

Both sides must agree on who will serve as the arbitrator, and the hearing can take place in virtually any setting, which is often more convenient for everyone involved. At the hearing, both parties present their side, and there may or may not be opening and closing statements. Facts are established through evidence such as tangible items, medical records, pictures, video footage, and other pertinent documentation. Witnesses provide testimony and are subject to cross-examination, which may include someone who observed the accident or an expert such as a medical professional or accident reconstructionist.

Mediating a Personal Injury Case

Mediation is an even less formal method of reaching a resolution and is more commonly used in personal injury cases. It can avoid litigation while saving time, money, and stress. The mediator is an unbiased third party who, unlike an arbitrator, does not make a decision or ruling and does not offer a personal opinion. Instead, the mediator's role is to allow both parties to share their side of the matter and guide them toward a mutually satisfactory agreement.

A mediator may help both parties realize they already agree on certain elements of the case, then help bridge remaining differences toward a fair resolution. Most mediation begins with both parties meeting together in one room, after which the mediator moves between separate rooms, carrying offers, demands, questions, and requests back and forth. This process often requires some give and take, and most people who go through mediation on a personal injury case should expect to make some compromises. If the matter still cannot be resolved, it may have to proceed to trial.

Pros and Cons of Alternative Dispute Resolution

The primary benefits of arbitration and mediation are reduced time, cost, and hassle compared to full litigation. Parties often approach these methods in a calmer, more rational manner, since litigation can stir up strong emotions. With mediation specifically, the parties are more involved in the decision-making process and have more say in the final outcome. If a case proceeds to trial and the other side prevails, the injured person could end up with nothing, whereas mediation allows both sides to reach an agreeable resolution together.

There are also drawbacks to consider. Parties may spend money attempting to resolve a dispute through arbitration or mediation without reaching any result, which means additional funds must then be spent litigating the case regardless. An Ogden resident considering these options should speak with a qualified injury attorney to better understand whether these alternatives could be advantageous for their specific case.

Common Types of Bicycle Accidents and How to Avoid Them

Bicyclists face real risks when sharing the road with motor vehicles. Understanding the most common types of bicycle accidents can help Ogden cyclists ride more safely and know what to expect if a collision does happen.

A Right Hook Accident

A right hook accident occurs when a car making a right-hand turn turns directly into the path of a cyclist. This can happen at intersections or when a vehicle is pulling out of a driveway or parking lot. Because some drivers fail to use their turn signals, it can be difficult to know in advance whether a driver is about to turn in front of you. One way to help avoid this type of accident is to position yourself slightly in front of vehicles in the right-hand lane when stopped at a light or stop sign, so the motorist has you in their direct line of sight. It also helps to avoid passing a vehicle on the right, since a driver is unlikely to expect a cyclist there if they decide to turn. Passing on the left instead is generally safer.

A Dooring Accident

A dooring accident can be quite severe. It happens when a cyclist is riding between moving traffic and parked cars along the side of the road, and a motorist unexpectedly opens a door on the left side of a parked vehicle. The door can either block the cyclist's path or strike the cyclist directly, sometimes causing a swerve into oncoming traffic. Dooring accidents can be difficult to avoid, especially when there is little space between moving traffic and parked cars. Whenever a separate bike lane is available, it is generally the safer route. Otherwise, staying alert for parked cars and slowing down when approaching them can help reduce the risk.

A Vehicle Turning Left

At an intersection, left-turning vehicles are typically required to yield to oncoming traffic unless they have a green turn arrow. Unfortunately, bicyclists, especially in poor lighting, can be much harder for drivers to see than other vehicles. As a result, a driver may assume the road is clear and turn left directly into or in front of a cyclist passing straight through the intersection. Equipping a bike with a light and wearing bright colors can improve visibility, and making eye contact with left-turning drivers before proceeding through an intersection adds another layer of safety. Riding on the sidewalk should also be avoided, since motorists generally do not check sidewalks for fast-moving cyclists.

Failure to Yield

Another common type of bicycle accident occurs when a cyclist fails to yield to a vehicle at an intersection, often because it is easy to misjudge an oncoming car's speed and distance. Cyclists should always exercise caution when entering an intersection, and even when they have the right of way, it is worth double checking that the way is clear and that other drivers can actually see them.

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.

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