• Rockwell City Personal Injury Attorneys
  • Phone: 641-792-3595
  • Directions

After an injury in Rockwell City, you will likely find yourself dealing with insurance adjusters, settlement offers, and decisions about whether to hire an attorney. Understanding how to negotiate with an insurance adjuster, whether you have to accept a settlement offer, and what an attorney can actually do for your case are all important pieces of information before you sign anything or agree to a resolution.

Do You Have to Accept the Insurance Company's Settlement?

In Iowa, you definitely do not have to accept an insurance company's settlement offer, but there are several things to keep in mind before deciding whether to accept, reject, or negotiate further. First, consider whether your injuries are minor enough that you may be better off settling the case on your own in order to avoid paying an attorney a percentage of your settlement. Second, if your medical bills have been paid by your health insurance or another insurance company, you need to know who will be reimbursed from your settlement. This is known as subrogation, and not understanding it can cost you your entire settlement if handled incorrectly. Third, you should know how much time remains until the statute of limitations expires, since missing that deadline will likely mean you receive nothing at all.

If you do not know the answers to these questions, it is strongly recommended that you at least contact a qualified injury attorney. Failing to do so could cost you thousands of dollars, and in some cases, your entire case.

Negotiating a Settlement

Keep in mind that it is very rare for the insurance company's first offer to be their best offer. If you are representing yourself, you should definitely try to negotiate with the adjuster, but there are a few things to remember. Anything you tell the insurance adjuster can and will be used against you in your claim, and later in a lawsuit if one is filed, so be careful about what you say, though you should never lie. Keep in mind that insurance companies share databases with each other, so any prior injuries or accidents will likely be discovered. It is also not a good idea to threaten an insurance adjuster, since being polite will generally get you much further than being upset or angry. You should also know your facts, including exactly how your injuries happened, who you treated with, and the conditions you have been diagnosed with.

Before agreeing to any settlement offer in a case involving injuries, it is always a good idea to speak with a qualified injury attorney to find out whether you are being treated fairly or taken advantage of. While it is fine to ask family and friends for their opinion, it is generally better to speak with someone who deals with insurance companies daily and has handled hundreds of similar injury cases, since no two cases are identical even though many share common elements.

How to Evaluate the Value of a Claim

Several factors go into evaluating the value of an injury claim in Rockwell City, including the severity and extent of the injuries, the nature of the injuries, such as whether multiple body parts were affected, whether there are objective injuries like broken bones, whether the person was hospitalized, whether surgery was required, how much time was missed from work, where the person was working when injured, how much insurance coverage is available, and whether a claim can be brought for underinsured motorist coverage.

Tips for Dealing with Insurance Adjusters

There are hundreds of insurance companies operating in the United States and thousands of insurance adjusters, but they all tend to have a few things in common. They are trained in techniques designed to reduce the value of your claim and convince you to accept a small settlement, and they generally have the upper hand when you are not represented by an attorney who understands the applicable laws. While an adjuster may act friendly, they do not have your best interests in mind, and they can be less than truthful with you without facing any consequences. Ultimately, their job is to pay you as little money as possible in order to protect their employer's profits.

Different Insurance Companies Take Different Approaches

Different insurance companies tend to handle claims in different ways, and understanding these tendencies can help Rockwell City accident victims know what to expect. Some large insurers rely on adjusters who are generally responsive and personable on the phone, but that friendliness does not mean the amount they say they owe reflects the full value of your claim. Other companies employ third-party administrators rather than their own adjusters, and these can sometimes be more difficult to work with, including being harder to reach, slower to respond to letters, and less willing to share information from their files.

Some large national and international insurers have in-house attorneys who assist their adjusters with complicated claims, and in some cases those attorneys may take over communication on a case entirely. When an attorney becomes involved on the insurance company's side, it is even more important for an injured person to have their own legal representation, since navigating settlement negotiations against a trained legal professional without help can lead to costly mistakes. Other adjusters, particularly those working for very large companies, may be located far from Iowa and unfamiliar with the specifics of Iowa law, yet still trained to pay claims as low as possible regardless of what the law actually allows.

What Can an Attorney Do for Your Case?

Depending on the severity of your injury, you may or may not need an attorney after an accident in Rockwell City. However, it is always worth consulting with an experienced injury attorney to help you understand the process and avoid costly mistakes. Before hiring anyone, look at the attorney's reviews on Avvo and Google, since simply claiming to handle personal injury cases does not mean an attorney does it well. Look for reviews describing the actual results prior clients obtained.

Not every case is the right fit for every firm, and a reputable attorney will be selective about the cases taken on in order to focus resources on getting the best possible results. If a firm agrees to represent you, the tasks it should perform typically include:

  • Educating you about Iowa injury laws, which vary from state to state
  • Gathering documentary evidence, including police or accident reports, medical records, and bills
  • Hiring an investigator, when necessary, to interview and locate witnesses
  • Collecting other evidence, such as photographs of the accident scene or your injuries
  • Reviewing and analyzing legal issues such as comparative fault and assumption of the risk
  • Talking with your physicians and obtaining written reports to support your case and fully understand your condition
  • Analyzing your insurance policy to identify coverage that may pay all or a portion of your medical bills while the claim is pending
  • Reviewing and challenging the validity of any liens asserted by doctors, insurance companies, welfare benefit plans, or employers
  • Contacting the insurance company to put it on notice of your claim
  • Preparing you, witnesses, and healthcare providers for depositions if a suit is filed
  • Preparing written questions and taking depositions of the defendant and other witnesses
  • Preparing a demand package in an attempt to settle the case
  • Preparing for possible mediation or settlement before trial
  • Preparing medical, demonstrative, and other exhibits for trial
  • Filing motions and briefs with the court regarding what evidence will be allowed at trial
  • Taking the case to trial, typically before a jury in personal injury cases
  • Reviewing the verdict to determine whether either side has grounds to appeal

These services are generally performed at no upfront cost, since most injury attorneys are paid only if the case is successful.

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.

More Info on Rockwell City Attorneys