Sheldon Personal Injury Attorneys

If you have been hurt in an accident near Sheldon, Iowa, one of the first things you will likely face is contact from an insurance adjuster. Whether your injury stems from a car accident, a work-related incident, or another type of personal injury matter, understanding how insurance companies operate is critical to protecting your rights and your financial future. Unfortunately, many injured people in Sheldon and across Iowa make costly mistakes early on simply because they do not know what to expect from the insurance claims process.

This article brings together key information about how insurance adjusters work, whether you have to accept a settlement offer, and whether you can actually trust the insurance company handling your claim. The answers may surprise you.

Can You Trust the Insurance Company Handling Your Claim?

In Iowa alone, there are more than 100 insurance companies that sell insurance. The policies issued by these companies range from personal injury coverage to workers' compensation. Although people generally buy insurance to protect themselves against future loss, just because you or someone else has paid a premium does not mean the insurance company will look out for you.

Some injured people in Sheldon assume that if they are hurt, their own insurance company will go after the at-fault party on their behalf. That assumption is simply not true. While your insurance company may try to recover what they have paid for property damage, it is highly unlikely that they will pursue a claim for your personal injuries.

If you are dealing with another driver's insurance company, or the workers' compensation carrier for your employer, here are some important realities you need to understand:

1. The insurance company is not representing you or your best interests.
2. They are not required to tell you the truth.
3. The insurance company is in the business of making the most profit possible, which means paying you as little as possible.
4. The insurance adjuster may be nice and friendly, but they are not looking out for you.
5. 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, but keep in mind whose side the insurance company is actually on. For a deeper look at this topic, you can read more at Can I Trust the Insurance Company in Iowa Injury Cases?

How Insurance Adjusters Are Trained to Work Against You

There are hundreds of insurance companies in America and thousands of insurance adjusters. What they all share in common is this: they are trained in techniques specifically designed to reduce the value of your claim, convince you to accept a small settlement, and generally keep the upper hand when you are not represented by an attorney who knows Iowa law. While adjusters may act like your friend, they do not have your best interests in mind. Their job, at its core, is to pay you as little money as possible in order to maximize insurance company profits.

For injured people in Sheldon, this reality can be especially difficult to navigate. You may be dealing with pain, missed work, medical bills, and a great deal of uncertainty about the future, all while an insurance adjuster is working behind the scenes to close your claim as cheaply as possible.

What About Specific Insurance Companies?

Not all insurance companies approach claims in exactly the same way, but the underlying goal is consistent across the board: pay you as little as possible. Below is a brief overview of how some of the larger insurers tend to operate:

EMC Insurance is a Des Moines-based company and one of the largest workers' compensation insurers in Iowa. Generally, their adjusters are responsive and may seem friendly, but do not let that convince you they are on your side or that the amount they claim you are owed is the full amount you deserve.

Liberty Mutual is one of the top writers of workers' compensation coverage in Iowa most years. Their adjusters have access to in-house Iowa attorneys who can step in when problems arise. If Liberty Mutual assigns an attorney to your case, you should seriously consider contacting your own attorney. In a workers' compensation case involving an injury that occurred after July 1, 2017, being persuaded to resign or leave your job rather than being terminated can cost you tens of thousands of dollars due to changes Iowa Republicans made to the law that year.

Sedgwick and Gallagher Bassett are third-party administrators (TPAs) rather than traditional insurance companies. They work on behalf of self-insured companies or other insurers who do not have their own Iowa adjusters. In our experience, they can be significantly harder to deal with than a typical insurance adjuster, with more difficulty obtaining records and getting return communications.

AIG is a large New York-based insurer with many subsidiary companies. Their adjusters have sometimes been found to be slow to respond, difficult to communicate with, and not particularly concerned about the real-world hardships their claimants face. Not all of their adjusters operate this way, but it is a pattern worth knowing about.

Travelers often has adjusters based out of large claims centers, and like Liberty Mutual, they keep in-house Iowa attorneys available to assist with cases. If you are unrepresented and Travelers is on the other side of your claim, they hold significant advantages in terms of financial resources, legal knowledge, and claims-handling training.

Zurich, based in Switzerland with more than 53,000 employees worldwide, operates several subsidiary companies including Farmers Insurance. Your claim may be handled by an adjuster located far from Iowa who may not be deeply familiar with Iowa law. Regardless of how friendly they may seem, their training and objectives are aimed at minimizing what they pay you.

For more detail on handling adjusters from these and other carriers, see Tips in Dealing with Insurance Adjusters in Iowa.

Five Practical Tips for Dealing With Insurance Companies in Sheldon

Whether you are handling your claim on your own or working alongside an attorney, the following tips can help protect you throughout the claims process:

1. Always Tell the Truth

Anything you say to an insurance adjuster can and may be used against you later, whether in settlement negotiations or in a lawsuit. Even a small inconsistency or exaggeration can destroy your credibility. The best approach is to always tell the truth so you never have to worry about what you said or when you said it. If you have prior injuries or past accidents, keep in mind that insurance companies share databases with each other and will find out.

2. Be Smart and Careful With the Adjuster

When you are dealing with an insurance adjuster, you need to watch what you say because it could later be used against you in your claim. Insurance companies have trained professionals working for them. You should strongly consider having a professional working for you as well. Learn more about insurance adjuster tactics here. Also, keep in mind that being polite and civil with the adjuster will generally get you further than being confrontational or threatening. As with most things in life, being nice will take you further than being upset and angry.

3. Keep Thorough Documentation

Document your damages carefully by keeping a diary or journal of how you are feeling from day to day. Your notes will help prove the extent of your damages and can support a higher evaluation of your claim. This includes keeping doctors' excuses for missed work, tracking the time you miss for medical appointments, and retaining all medical bills and explanation of benefits forms from your health insurance company.

4. Be Thorough at Every Medical Appointment

The medical records generated each time you visit your doctor, physical therapist, or other medical providers are critically important to your case. These records will reflect your description of how the injury occurred, your physical complaints, the injuries themselves, the doctor's examination findings, and the treatment received. The insurance company will base its offer to you on this information. If you fail to tell your doctor about everything that hurts, it will not only go untreated but will also be unknown to everyone evaluating your claim. If you first begin to mention a problem weeks or months after your injury, the insurance company will likely argue it was not caused by the accident and reduce their offer accordingly.

5. Attend Your Medical Appointments Consistently

Failing to see a physician on a regular basis is treated by insurance companies, and sometimes by judges and juries, as evidence that you have fully recovered. You do not need to visit the doctor every single day, but you do need to follow up with your providers and clearly communicate if you are still having problems. When a doctor says to follow up as needed, that means to return in a few weeks if issues persist. If you do not return, the inference is that you are no longer experiencing problems and have fully recovered, even if that is far from true.

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

The short answer is no. In Iowa, you are not required to accept an insurance company's settlement offer. However, there are several important things to keep in mind before you decide how to proceed on your own.

First, consider whether your injuries are minor enough that you might be better off settling without legal representation, in order to avoid paying an attorney a percentage of your recovery. Second, if your medical bills have been paid by your health insurance or another insurer, you need to understand subrogation. Subrogation refers to the right of those insurers to be reimbursed from your settlement, and failing to account for it can result in losing your entire recovery. Third, you need to know how much time you have before the statute of limitations expires on your claim. Once that deadline passes, you will likely receive nothing.

If you do not know the answers to those questions, we strongly recommend that you at least speak with a qualified Iowa injury attorney before making any decisions. Failing to do so could cost you thousands of dollars, or in some cases, your entire claim.

Keep in Mind: The First Offer Is Rarely the Best Offer

It is very rare that an insurance company's first settlement offer is their best offer. If you are representing yourself, you should make an effort to negotiate with the adjuster. Just remember not to threaten the adjuster and to have a solid command of the basic facts of your case, including how the injury happened, who treated you, and the conditions you have been diagnosed with.

Before you agree to any settlement in a case involving injuries, it is always a good idea to speak with a qualified Iowa injury attorney to find out whether you are being treated fairly. Your family and friends may offer advice, but it is far better to ask someone who deals with insurance companies every day and has handled hundreds of injury cases similar to yours. For more on this subject, read Do You Have to Accept the Insurance Company's Settlement?

How Is the Value of a Personal Injury Claim Evaluated?

One of the most common questions from injured people in Sheldon is how much their claim is actually worth. While no two cases are identical, the following factors all play a role in determining the value of a personal injury claim:

• 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, such as broken bones, that can be documented
• Whether the injured person was hospitalized
• Whether surgery was required
• How much time was missed from work
• The type of work the injured person was performing when they were hurt
• How much insurance coverage is available
• Whether there is a potential underinsured motorist coverage claim

Each of these factors influences how an insurance company, an attorney, or ultimately a jury would evaluate what your claim is worth. Understanding these factors is one more reason why consulting with a qualified injury attorney before making any decisions can be so valuable.

The Workers' Compensation System in Iowa: A Warning for Sheldon Workers

If you were injured on the job and your injury occurred after July 1, 2017, you need to be especially careful. Changes made to Iowa's workers' compensation laws that year created a number of traps for injured workers. For example, if an insurance adjuster or attorney for the insurance company convinces you to resign or retire rather than being terminated, it can cost you a significant amount of money under the current law. The workers' compensation system has become far too complex and potentially costly for an injured worker to navigate without proper legal representation.

If you are a Sheldon worker who has been hurt on the job, do not make decisions about your employment status or your claim without first understanding how those decisions might affect your legal rights.

When Should You Contact a Personal Injury Attorney in Sheldon?

There are some cases where the most honest advice an attorney can give you is that you can handle the matter on your own. However, there are many cases where not having qualified legal representation can lead to serious and costly mistakes. The moment you are dealing with an attorney on the other side of your claim, or when a large company's insurer has assigned professional adjusters and in-house lawyers to your case, having your own attorney in your corner is not just helpful, it becomes essential.

If you have any doubt about whether the insurance company is treating you fairly, or if you have been approached with a settlement offer and are unsure whether it reflects what your case is truly worth, take the time to speak with an attorney before you sign anything. A no-cost injury case review can provide you with the information you need to make an informed decision.

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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