Spencer Personal Injury Attorneys: Bike Accident Head Injuries, Dealing With Insurance Companies, and Costly Doctor Mistakes to Avoid

If you or someone you love has been seriously injured in Spencer or anywhere in northwest Iowa, what you do in the days and weeks following that injury matters enormously. From how you handle insurance adjusters, to how you interact with your doctors, to understanding your rights after a bicycle accident, the decisions you make right now will directly shape the outcome of your personal injury claim.

Personal injury cases in Iowa can involve car crashes, truck accidents, slip and falls, dog bites, bicycle collisions, and many other situations where someone else's negligence causes harm to an innocent person. Regardless of how the injury occurred, two things remain constant: insurance companies will work to minimize what they pay you, and the way you handle your medical care will heavily influence the value of your case. Understanding both of these realities before you make a costly mistake is exactly what a Spencer personal injury attorney can help you do.

Head Injuries from Bike Accidents: What Iowa Cyclists Need to Know

Bicyclists, especially those who do not wear helmets, face a serious risk of sustaining a head injury when involved in a collision with a motor vehicle. Brain injuries can cost thousands, and in serious cases hundreds of thousands, of dollars to treat, and the claims process that follows is one that many injured cyclists and their families find completely overwhelming. Here is a straightforward breakdown of how the process works in Iowa.

Who Is Liable for a Bike Accident in Iowa?

Iowa follows an at-fault system for personal injury claims. The person responsible for causing the accident is the party who is legally liable for the resulting damages. In most bicycle accidents involving a motor vehicle, the driver is at fault, which means the driver's insurance company is responsible for compensating the injured cyclist. However, fault is rarely handed over without a fight. The at-fault driver or their insurance company will often attempt to shift partial blame onto the cyclist to reduce or eliminate the payout owed.

How to Prove Liability After a Bicycle Accident

To support your claim and establish the driver's liability, you will need to gather and preserve evidence. The strongest forms of evidence in a bicycle accident case typically include police reports from the scene, physical evidence such as broken bicycle parts, and witness testimony from anyone who saw the crash happen. You will also need to demonstrate that your head injury was a direct result of the accident itself and not caused by something independent of it.

Iowa cyclists should also be aware that rear bicycle lights are becoming mandatory in Iowa. If you were riding at night without proper lighting, the driver's insurance company may argue that your own negligence contributed to the crash. When partial fault is assigned to the injured cyclist, the settlement amount may be reduced accordingly.

How Much Compensation Are You Entitled To?

The insurance adjuster assigned to your claim is the person who initially determines what settlement amount is offered. That figure is based on several factors, including the severity of your injuries, the total amount of your medical bills, whether you lost time from work or lost your ability to work entirely, and whether your bicycle was damaged or destroyed and needs to be replaced. Because head and brain injuries often involve very high costs, the initial settlement offer may fall far short of what you actually need.

If the settlement you are offered is not enough to cover your damages, you do not have to accept it. You have the right to negotiate for a higher amount, and if that negotiation is unsuccessful, you can file a civil claim against the at-fault driver. Under Iowa Code section 614.1, you generally have two years from the date of the injury to bring your claim. Waiting too long to act can cost you everything, which is why consulting with a personal injury attorney early in the process is so important.

Why the Insurance Company Is Not on Your Side

One of the most important things to understand after any personal injury in Spencer is this: insurance companies are in business to make a profit. They would much rather collect premiums than pay claims. The adjuster handling your file may be polite and even seem sympathetic, but that adjuster is not on your side, is under no obligation to help you, and is not even required under the law to tell you the truth. Their primary objective is to pay you as little money as possible and close your file.

If you choose to deal with an insurance adjuster directly rather than hiring an attorney, there are several things you need to keep in mind to avoid seriously damaging your own case.

Always Tell the Truth and Do Not Hide Prior Injuries

Insurance adjusters do not take injured people at their word. They will request documentation for your lost wages, your medical care, and any prior medical treatment you have received. If you forget about prior treatment or are not fully forthcoming, the insurer will likely discover the discrepancy through their databases, which contain records of all previous insurance claims made by individuals across the country. When that happens, your credibility takes a significant hit and the value of your claim typically drops. Be honest about your entire medical history from the very beginning.

Be Very Careful With Recorded Statements

You are generally not required to provide a recorded statement to the other party's insurance company. If the adjuster insists on taking one, you may consider agreeing to an unrecorded statement instead. Learn more about whether you should give a recorded statement after an injury before you agree to anything.

If you are making a claim against your own insurance company, because the at-fault driver had no insurance or insufficient coverage, your policy may actually require you to give a recorded statement. In that situation, treat the statement with the same seriousness as a deposition given under oath. Listen carefully to every question. If a question is confusing, say so before answering. Be especially cautious of broad questions such as ""Have you ever had back pain before?"" which covers your entire lifetime, not just the time of the accident. Answering incorrectly on even one question can damage your credibility and your case.

Be Matter-of-Fact and Stay Calm

Insurance adjusters handle hundreds of files each year. They are trained to identify anything that can reduce the value of a claim, and they are very good at it. Volunteering information that is not directly related to your injuries can hurt you. If you are experiencing personal difficulties unrelated to the accident, do not bring them up. Adjusters will attempt to attribute your pain, your mental health struggles, or your inability to work to those outside stressors rather than to your injuries. Stick to the facts, answer only what is asked, and stop there.

Equally important: do not lose your temper with an adjuster. Getting angry or making threats signals that you are easy to provoke, and that will work against you in front of a judge or jury. If you find yourself getting upset during a call or in-person meeting, tell the adjuster you need a few minutes and step away, or let them know you will call back.

Know Your Statute of Limitations and Do Not Wait to Settle

Under Iowa law, the general deadline to file a personal injury claim is two years from the date of the injury. There are exceptions, such as the 180-day notice requirement if you were struck by a drunk driver and the bar that served that driver may be liable. If you are unfamiliar with which deadlines apply to your specific situation, consult with an attorney before that window closes.

Do not wait until the last minute to pursue your case or attempt to settle your claim. Delaying does not pressure the insurance company; it only puts pressure on you. Most qualified Iowa personal injury attorneys want at least 120 days before the statute expires in order to investigate properly, identify all responsible parties, and prepare documents to file the case. If you wait too long and settlement negotiations fail, finding an attorney willing to take your case in the final weeks before the deadline becomes extremely difficult. Also understand that most settlements require you to give up all rights to future compensation and medical care, so make sure you fully understand all terms before signing anything.

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

Whether your injury came from a bicycle crash, a car accident, a dog bite, or any other personal injury event, your interactions with medical providers are just as important to the outcome of your case as your interactions with the insurance company. Your medical records are the heart and lungs of your personal injury claim. Here are the ten most common and most costly mistakes injured people make during their medical treatment.

1. Failing to See a Doctor Immediately

It is your responsibility to prove that your injuries were caused by the accident. If you delay seeking medical care, insurance companies and juries will question whether your condition is truly related to the incident at all. Even relatively minor pain can escalate into serious problems, and the first thing an insurance company's attorney wants to say to a jury should not be that you waited three days before seeing a doctor.

2. Discussing Your Lawsuit With Your Medical Providers

Your doctors are there to treat your injuries, not to manage your legal case. While you should always tell your providers how you were injured, anything and everything you say in a medical setting will end up in your records, which the insurance company and potentially a judge or jury will eventually review. Keep discussions of your attorney, your lawsuit, and your legal concerns out of the exam room.

3. Hiding Your Health History

Do not attempt to conceal prior injuries or conditions from your doctors. Your full medical history will eventually be made available to the insurance company. Providing incomplete or inaccurate information hurts both the quality of your care and the strength of your legal case. Be equally honest when describing the accident itself. If you tell your doctor that your car was totaled but it was actually repaired, the insurance company's attorneys will use that inconsistency to attack your credibility.

4. Missing or Arriving Late to Medical Appointments

Every missed appointment appears in your medical records as a ""No Show"" or ""DNS."" Multiple no-shows make it appear that you do not take your own injuries seriously, and they upset the treating physicians who could have seen other patients during that time. Doctors who are frustrated with a patient rarely make strong advocates for that patient in a legal proceeding. If you must cancel, call at least 24 hours in advance.

5. Not Telling Your Doctor That Your Injuries Are Affecting Your Work

If there is no mention of work limitations in your medical records, it will be very difficult to convince an insurance company or jury that your injuries impacted your ability to earn a living. Tell your healthcare providers exactly how your injuries are affecting your job performance and document it at every appointment. Bringing written notes to your appointments can help ensure nothing important is left out.

6. Allowing Your Pain to Be Poorly Documented

Pain cannot be seen or measured, but it must appear in your medical records for the insurance company and a jury to take it seriously. They will look at how quickly you reported pain after the accident, where the pain was located, how severe it was, and how long it lasted. Write out your pain levels and limitations before each appointment and give a copy to your doctor. At the same time, never exaggerate. If you claim unbearable pain while sitting comfortably in the office, your doctor is likely to note the inconsistency, and that note will hurt your case.

7. Not Taking Medications as Prescribed

Follow your doctor's medication instructions exactly as given. If you believe a medication is causing unwanted side effects, call your doctor to discuss an alternative rather than simply stopping on your own. Some medications require gradual tapering, and stopping suddenly can create medical and legal complications. Failing to follow doctor's orders also reflects poorly on the seriousness with which you are approaching your own recovery.

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

When injured people stop seeking treatment, juries and insurance companies assume they have healed. Significant gaps in treatment of a month or more are used to argue that the original injury resolved and any new symptoms represent an unrelated and undisclosed condition. If your doctor tells you that you are released or to come back as needed and your symptoms persist, return to the doctor. Ask for a referral to a specialist if necessary.

9. Failing to Keep Your Own Records

Collect and keep business cards, bills, and documentation from every medical provider you see. Retain copies of work restrictions, referrals, and treatment orders. If you give your employer a work excuse, keep a copy for yourself. Your attorney will need this information to obtain your complete medical records, and having organized documentation of your own will help your case significantly.

10. Ignoring Anxiety and Depression Following Your Injury

Pain, loss of activity, and disability frequently lead to anxiety and depression after a personal injury. These psychological conditions are just as real and compensable as a broken bone shown on an x-ray. However, unless they are properly diagnosed and treated by a medical professional, recovering compensation for them becomes very difficult. If you are struggling with your mental health following your injury, tell your doctor and seek appropriate treatment.

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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