Shenandoah Personal Injury Attorneys

When a personal injury occurs, the decisions made in the hours, days, and weeks that follow can determine whether a victim receives fair compensation or is left to cover the full cost of someone else's negligence on their own. For injury victims in Shenandoah, understanding how Iowa law handles questions of fault, how to avoid mistakes that can damage a claim, and how serious injuries like cervical radiculopathy are treated can make an enormous difference in the outcome of a case. This guide covers three of the most important areas every injured person in Shenandoah should understand before speaking with an insurance company or signing any paperwork.

Pedestrian Accidents and Fault Under Iowa Law

Being struck by a vehicle as a pedestrian is a traumatic experience, and many victims are left wondering whether they can still pursue compensation even if they may have contributed to the accident in some way. The answer under Iowa law is that it depends, and the details matter greatly.

According to the National Highway Transportation Administration National Center for Statistics and Analysis, 68 percent of pedestrian accidents occur at night. When a pedestrian fails to take basic safety precautions, such as wearing light or reflective clothing or carrying a light while walking after dark, that failure could be interpreted as negligence on his or her part. But negligence on the pedestrian's part does not automatically eliminate the right to seek compensation.

How Iowa's Comparative Negligence Rule Affects Your Claim

Iowa follows the comparative negligence rule. Under this standard, even if a person was partly to blame for an accident, he or she can still seek compensation for injuries, as long as his or her share of the fault does not exceed 50 percent. However, the amount of compensation awarded will be reduced in proportion to the individual's degree of fault.

In a pedestrian-vehicle accident, both parties will be assigned a percentage of fault based on all the available facts. Attorneys, insurance companies, and courts will examine the full circumstances of the incident to determine how responsibility should be divided. This is why proving liability in a pedestrian accident claim is so critical. Compensation is directly tied to fault, and even a small shift in how much fault is assigned to the injured party can significantly reduce what they receive.

Careless Pedestrian Behavior That Can Affect a Claim

Pedestrians are expected to follow traffic and safety rules just as drivers are. In a personal injury claim involving a pedestrian, the following behaviors may be used to assign a share of fault to the injured party:

• Failing to use a crosswalk when one was available
• Crossing a street on a don't walk signal
• Walking or running directly into traffic
• Not taking nighttime safety precautions, such as wearing reflective or light-colored clothing
• Failing to obey other applicable traffic rules

In cases where fault is blurred or contested, injury victims in Shenandoah will want to contact a personal injury attorney as soon as possible to begin gathering evidence and building the strongest possible case. An experienced attorney will work to uncover all the facts surrounding the accident, protect the client's legal rights, and work to reduce the client's assigned degree of fault. A lawyer will also help identify and calculate all available damages and push for the highest and fairest recovery possible.

Ten Mistakes to Avoid When Dealing With Doctors After a Personal Injury

Many personal injury victims in Shenandoah do not realize just how much their interactions with healthcare providers affect the ultimate value of their claim. Whether the injury arose from a car accident, a pedestrian collision, a dog bite, or any other type of incident, what is said and done during medical treatment will shape the medical record that the insurance company, and potentially a judge or jury, will use to evaluate the case. The following ten mistakes are among the most common, and the most damaging.

1. Failing to See a Doctor Immediately

It is the injured person's responsibility to prove that he or she was hurt by the accident. If there is any pain or discomfort at all, medical care should be sought right away. Insurance companies and juries often interpret a delay in treatment as evidence that the injury was not related to the accident. Even relatively minor pain can lead to serious problems down the road, so seeing a doctor as soon as possible after an injury is always the right call.

2. Discussing Your Legal Claim With Your Medical Providers

The job of medical providers is to treat your injuries, not to navigate your legal case. They do not need to know about your lawsuit or whether you have retained an attorney. Keep legal concerns out of the treatment room. Anything and everything said to a medical provider will end up in the medical record, which the insurance company and potentially a judge or jury will review in full. You do need to tell your providers how the injury occurred, such as noting that you were struck by a vehicle on a specific date, but your legal strategy should remain separate from your medical care.

3. Hiding Prior Health History From Your Doctor

Medical providers will typically ask whether you have had any prior injury or condition in the area of the body where you are currently experiencing problems. Be honest. Doctors use prior medical history to diagnose and treat current conditions accurately. Providing incomplete or inaccurate information not only affects the quality of care you receive, it will also hurt your legal case. All prior medical records will eventually be made available to the insurance company. Attempting to conceal pre-existing conditions gives the insurer's attorneys exactly the kind of credibility attack they need to weaken your claim.

4. Missing or Arriving Late to Medical Appointments

When you miss an appointment, your medical record will show No show or DNS (did not show). Valid excuses rarely make it into the official notes. More than one such entry makes it look as though you did not take your own recovery seriously, and it can also frustrate your treating physicians. Doctors who are unhappy with a patient's commitment to care do not make effective witnesses for that patient. If you must cancel, call at least 24 hours in advance and reschedule promptly.

5. Not Telling Your Doctor How the Injury Affects Your Work

Your medical records are the foundation of your injury claim. If those records contain no mention of the injury affecting your job performance, the insurance company and a jury will not simply take your word for it later. If your injury is limiting your ability to work, you must tell your healthcare provider. Bringing written notes to your appointments is a practical way to ensure you communicate everything important during each visit.

6. Failing to Get Pain Properly Documented

Pain is something a doctor cannot see or touch, but is required to record. For insurance companies and juries to believe that you were in real pain, they need to read about it in your medical records, including how quickly after the accident you reported it, where it was located, how severe it was, and how long it lasted. Writing out your symptoms beforehand and handing a copy to your doctor at each appointment can help ensure nothing is left out. At the same time, never exaggerate. If you describe your pain as unbearable while sitting comfortably in the examination room, the physician is likely to note that inconsistency in writing.

When asked to rate your pain on a scale of one to ten, keep in mind that a ten represents the absolute worst imaginable pain. Very few people have ever experienced pain above an eight. Use the scale honestly.

7. Not Taking Medications as Prescribed

Doctors prescribe specific medications for specific reasons and time periods. Follow all recommendations as directed. If a medication is causing unwanted side effects, call your doctor so the prescription can be adjusted rather than simply stopping on your own. Admitting that you chose not to follow your doctor's orders gives the insurance company another argument that you were not seriously committed to your own recovery.

8. Stopping Treatment Too Soon or Allowing Long Gaps Between Visits

Insurance companies and juries tend to assume that when someone stops seeking treatment, the injury has healed. Significant gaps in care, a month or more between visits, will be used to suggest that you recovered from the original injury and may have suffered a new, unrelated problem that you have not disclosed. If your doctor tells you that you are released or to come back as needed, and your symptoms have not resolved within a few weeks, return for a follow-up. Ask whether a specialist referral is appropriate. Continuing to treat is a signal to the insurance company that your injury remains real and ongoing.

9. Failing to Keep Your Own Records

Keep business cards, bills, and any other paperwork from every medical provider you see following your injury. Your attorney will need this information to obtain your records and build your case. Also keep copies of work excuses, restrictions, referrals, and any orders given to you by healthcare providers. If you must deliver a work excuse to your employer, keep a personal copy for your own files.

10. Ignoring Anxiety or Depression That Follows the Injury

Pain, physical limitations, and disability frequently trigger anxiety and depression in personal injury victims. These conditions are just as real and just as compensable as a physical injury that can be seen on an X-ray. However, in order to be compensated for psychological harm, the conditions must be properly diagnosed and treated by qualified medical professionals. Tell your doctor if you are experiencing these symptoms, follow through with recommended treatment, and make sure they are fully documented in your medical records.

Cervical Radicular Pain After a Personal Injury: What Shenandoah Victims Should Know

Among the more serious injuries that follow personal injury accidents in Shenandoah, cervical radiculopathy, commonly referred to as cervical radicular pain, is one that significantly affects a victim's daily life and long-term wellbeing. This condition involves a malfunction in the root of a nerve in the cervical spine, which can cause pain, numbness, weakness, and problems with motor control. Although the source of the problem lies in the spinal area, the pain is very often felt in other regions of the body, including the neck, shoulders, and arms.

What Causes Cervical Radicular Pain?

In many personal injury cases, a herniated disc is the underlying cause of cervical radicular pain. This type of disc injury is most commonly the result of trauma such as a car accident or a fall. When the disc ruptures, material from inside it puts pressure on the nearby nerve root, compressing it and producing the characteristic radiating pain. Arthritis and other forms of degenerative bone disease can also contribute to or accelerate this condition following a traumatic event.

Traditional Treatment Approaches

Many patients dealing with cervical radicular pain begin with conservative therapies. Corticosteroids and pain medication are commonly used first, administered either by injection or taken orally depending on the physician's recommendation. Physical therapy is another standard part of many treatment plans. This may include cervical traction, performed either mechanically or manually by a physical therapist, along with other methods aimed at relieving symptoms. When conservative treatment does not produce adequate improvement and the pain becomes intolerable, surgery is often the next step. However, there is a less invasive alternative worth understanding: the epidural nerve block procedure.

The Epidural Nerve Block Procedure Explained

The epidural nerve block is a procedure in which a combination of a local anesthetic, such as lidocaine, and a corticosteroid is injected directly into the epidural space of the spine. The treating physician uses a fluoroscope, a device that produces real-time X-ray images, to guide the procedure. A contrast medium is also used to confirm that the needle is positioned correctly before the medication is delivered. Pain relief is then monitored over a set period of time to evaluate the procedure's effectiveness.

This procedure is minimally invasive and may be an excellent alternative to surgery for patients who have not responded adequately to other conservative treatments. Complications are generally minor and can include a slight risk of infection, minimal bleeding, and some discomfort at the injection site. As with any medical procedure, patients should have a thorough conversation with their physician about the full range of possible side effects before proceeding.

Recovering Compensation for Cervical Radicular Pain

Living with cervical radicular pain is not a minor inconvenience. Patients often find their entire life organized around pain management, and many are unable to work, sleep normally, or engage in everyday activities they previously took for granted. If your cervical radicular pain developed as a result of an accident caused by another party in Shenandoah, you may be entitled to compensation for medical expenses, including the cost of epidural nerve block procedures. Damages for lost wages, pain and suffering, and other losses may also be recoverable. Speaking with an attorney is the most reliable way to understand what your specific situation may be worth.

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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