• Parkersburg Car Accident Injury Attorneys
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A serious car accident in Parkersburg can lead to long-term injuries that are not always obvious right away, and it can also raise difficult questions about compensation, especially for passengers and for anyone facing a knee injury that may eventually require major surgery. Understanding how these issues work under Iowa law, and knowing what a car accident attorney actually does throughout a case, can help protect an injured person's right to a fair recovery.

Below is an overview of three important topics for Parkersburg car accident victims: total knee replacement surgery after a car accident, what happens when a passenger is hurt in a crash, and what an attorney can do to help build and pursue a car accident case.

Total Knee Replacement After a Parkersburg Car Accident

While most people think about the immediate injuries caused by a car accident, such as lacerations, bruises, or broken bones, there are also long-term injuries that can result, many of which require costly medical care. One such injury involves the knee, which can require total knee replacement surgery in some cases.

Understanding an accident victim's rights can be complicated, especially when the injury is serious. Seeking guidance from an attorney can help clarify how to recover compensation for a knee injury and any related total knee replacement surgery, including help determining the damages that may be available and proving entitlement to those damages for long-term medical costs.

What Is Total Knee Replacement Surgery?

Total knee replacement surgery may be appropriate for a Parkersburg accident victim who has severe knee damage and pain. A normal, healthy knee has plenty of joint cartilage and healthy bone mass, while a damaged knee often has deteriorated cartilage and bone. During the surgery, the surgeon replaces any non-functioning parts of the knee with synthetic materials. While this procedure can relieve knee pain and discomfort, the knee may not return to full normal function, and patients may be unable to return to activities such as running, high-impact sports, or other sustained physical activity.

Recovery time varies from person to person, but it usually requires staying in the hospital for several days, followed by the use of crutches or a walker. Eventually, most patients are able to walk again with minimal assistance and discomfort.

Knee Problems That May Require Total Knee Replacement

Total knee replacement surgery becomes necessary when the knee loses function. While arthritis is the most common cause of this loss of function, a traumatic accident can also lead to it, either immediately or years later as an injury develops into chronic arthritis. Types of knee injuries from car accidents that may eventually require total knee replacement surgery include:

  • Posterior cruciate ligament (PCL) injuries
  • Anterior cruciate ligament (ACL) injuries
  • Medial collateral ligament (MCL) injuries
  • Knee sprain injuries
  • Knee dislocation injuries
  • Knee fracture injuries

A Parkersburg accident victim should discuss their injury and short- and long-term treatment options with their doctor to better understand what their injury may eventually require. Since knee replacement surgery is not always needed immediately after an accident but can become necessary years later, an attorney can help clarify the legal options available for recovering damages tied back to the original accident.

Talking to an Attorney About Damages Related to Knee Replacement

A car accident attorney should account for all damages related to an accident and any resulting knee injury. One important factor in evaluating a claim is how much money the injury will require in the future, in addition to the more immediate costs tied to the accident. If a Parkersburg victim's knee injury may eventually require total knee replacement surgery, the cost of that future surgery should be factored into the overall value of the claim.

Hurt as a Passenger in a Parkersburg Car Accident

A large number of car accident injuries happen to passengers, and those passengers are not 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, and there are special considerations that apply to these cases that differ from typical Iowa car accident claims.

Know Your Rights as a Passenger

Assuming a passenger was not negligent, for example by grabbing the steering wheel and causing the crash, they should generally be assessed no fault, unless they were not wearing a seatbelt, which can reduce compensation. Depending on the nature and severity of the injuries, there may not be enough insurance coverage available under the at-fault driver's policy to cover them fully.

Iowa law only requires a minimum of $20,000 per person and $40,000 per accident in insurance coverage. This means that if the at-fault driver carries only the minimum policy limits, which unfortunately is common, an injured passenger will need to look at other insurance policies to be compensated for more serious injuries. If injuries only require a few doctor visits and are not permanent, the minimum coverage may be enough. However, more serious injuries, such as broken bones or injuries requiring surgery, often call for looking at every possible source of compensation.

Where a Passenger Can Recover Compensation

If the driver of the vehicle a Parkersburg passenger was riding in is at fault and does not have enough insurance to cover the injuries, the passenger should look at their own car insurance policy. Iowa law requires insurance companies to offer underinsured motorist coverage, known as UIM, which protects a policyholder if the at-fault driver does not carry enough coverage. Making a UIM claim against a person's own policy does not necessarily raise their insurance rates, and if a rate increase does occur, there are many insurance companies to shop around with for a better rate. Declining to make a UIM claim, on the other hand, could mean losing out on significant compensation depending on the severity of the injuries and the amount of coverage purchased.

If another driver was at fault, the injured passenger should first look to that driver's insurance coverage. If it is insufficient, other policies may still be available, including UIM coverage on the vehicle the passenger was riding in, or coverage under the passenger's own policy or a policy covering another household member. If both the driver of the vehicle the passenger was riding in and another driver share fault for the crash, the passenger may have claims under both drivers' liability policies. If injuries exceed all available coverage from at-fault drivers, a passenger may still be covered under a policy purchased by themselves or a household member, up to the limits of any secondary UIM coverage.

What Can Go Wrong With These Claims

There are several potential pitfalls when dealing with serious injuries and UIM coverage. Settling with the at-fault driver's insurance company without following the proper procedures set out in a UIM policy can prevent a passenger from receiving additional compensation later. It is also important to know who is paying medical bills and who is being reimbursed, since failing to document this in writing can result in some or all of a settlement being paid out to medical providers or health insurance companies instead of the injured passenger. Anyone injured as a passenger whose damages exceed the at-fault driver's policy limits should talk to a qualified car accident attorney before agreeing to any settlement.

What Can an Attorney Do for a Parkersburg Car Accident Case?

Depending on the nature and severity of an injury, a car accident victim may or may not need an attorney. Even so, it is always worth consulting with an experienced Iowa injury attorney to get information that can help avoid common, costly mistakes. When researching an attorney, it helps to look at reviews on sites like Avvo and Google, since simply advertising personal injury or car accident work does not guarantee quality representation. Reviews from prior clients describing their actual experience offer a clearer picture of whether an attorney is the right fit.

Once an attorney takes on a Parkersburg car accident case, there is a long list of tasks involved in building and pursuing it, including:

  • Educating the client about Iowa injury laws, which vary from state to state
  • Gathering documentary evidence, including police accident reports, medical records, and bills
  • Hiring an investigator, if necessary, to interview and locate witnesses
  • Collecting other evidence, such as photographs of the vehicles and accident scene
  • Reviewing and analyzing legal issues such as comparative fault and assumption of the risk
  • Talking to the client's physicians and obtaining written reports to support the case
  • Analyzing the client's insurance policy for coverage that may help pay medical bills while the claim is pending
  • Reviewing the validity of any liens asserted by doctors, insurance companies, benefit plans, or employers
  • Contacting the insurance company to place them on notice of the claim
  • Preparing the client, witnesses, and healthcare providers for depositions if a suit is filed
  • Preparing a demand package in an attempt to settle the case
  • Preparing for mediation, settlement negotiations, and trial
  • Filing motions and briefs to determine what evidence will be allowed at trial
  • Taking the case to trial and reviewing the verdict to determine if there are grounds for appeal

Every case is different, and an attorney only gets paid if the case is successful. For a Parkersburg car accident victim, having someone manage these tasks allows the focus to stay on recovery rather than on paperwork and legal procedure.

Seeking Legal Assistance in Parkersburg

Seeking legal counsel from experienced Parkersburg 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.

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