Van Meter Personal Injury Attorneys

Not every injury near Van Meter shows up right away, and not every claim gets resolved through a simple insurance negotiation or ends up going to trial. The Van Meter personal injury attorneys at Walker, Billingsley & Bair want local residents to understand what to do when symptoms appear later, what alternative dispute resolution options exist, and how to file a claim after a bike accident.

What If Your Accident Injuries Don't Appear Right Away?

If you have been hurt in an accident, sometimes you will not have pain until later the same day or even the next day. Regardless of when your pain starts, you should immediately seek medical care and treatment.

Why Symptoms Might Not Show Immediately

Often your adrenaline may spike after an accident, and other hormones like cortisol can be released, which temporarily makes you feel no pain. If you have ever lifted heavy weights or worked out too hard, you know that muscle soreness does not show up until the next day. What is important is that once you start feeling pain after an accident, you promptly seek medical care to document your pain and begin your healing journey.

If You Waited More Than a Week to Seek Care, Is It Too Late?

Not necessarily, but this will raise a red flag of suspicion to the insurance adjuster assigned to your case. Make sure you tell your doctor when the pain started and why you did not immediately seek medical care. Going to the emergency room, urgent care, or your regular doctor can be inconvenient, but failing to go can cost you your claim and case.

What If New Pain Shows Up After Treating Your Initial Injury?

It is common for people and their doctors to focus only on the medical issues at hand. For example, if you were having extreme neck pain with pain radiating into your arm following an accident, and an MRI revealed a herniated disc in your neck requiring surgery, you might feel better afterward but then start having problems with your shoulder. You should immediately report any additional pain and problems as soon as possible, since it is common for other issues to surface after one condition is treated, especially when severe pain was masking an underlying problem.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company, but sometimes the dispute requires alternative means of reaching an agreement, which can help avoid taking the case all the way to trial.

Arbitrating a Personal Injury Case

One way to avoid litigation is through arbitration, which in some ways is similar to a courtroom hearing but with fewer rules surrounding the use of evidence. An arbitrator reviews the facts and evidence, listens to testimony from witnesses, and then makes a final decision. It is less costly than litigation and usually takes less time, though arbitration can be binding or non-binding, meaning the arbitrator's decision will be final, or the parties may choose not to accept it. Both sides have to agree on who will serve as the arbitrator, and evidence at the hearing could include tangible items, medical records, pictures, video footage, and other documentation, with witnesses providing testimony and being cross-examined.

Mediating a Personal Injury Case

An even less formal method is mediation, which is more commonly used in personal injury cases and again avoids litigation while saving time, money, and stress. The mediator is an unbiased third party who does not make a decision or ruling, and instead allows both parties to share their sides and guides them toward a mutually satisfactory agreement. Most mediation starts with both parties meeting together, then the mediator takes each party to a separate room, with offers, demands, questions, and requests going back and forth. It often requires some give and take, and if the matter cannot be resolved, it may have to go to trial.

Pros and Cons of Alternative Dispute Resolutions

These methods can take less time, money, and hassle, and parties may approach them in a calmer, more rational manner than litigation, which can stir up emotions. With mediation, the parties are more involved in the decision-making process, allowing more say in the final outcome, whereas a trial could leave the injured person with nothing if the other side wins. It is also worth considering the cons, since parties may spend money to resolve the dispute without any results, meaning more funds must be spent litigating the case in addition to the alternative dispute resolution.

Filing a Bike Accident Claim to Recover Damages Near Van Meter

A bicycle accident claim, filed with an insurance company, can help you recover damages following a crash. Whether you suffered a right hook accident, a dooring accident, or another common type of bicycle accident, you will need to review how to recover compensation.

Who Was at Fault for the Accident?

Determining fault in a bike accident claim will have a significant impact on how you file. If you caused the accident, you should file your claim with your car insurance company. If the other driver caused the accident, you should file a claim with their insurance company. Even if you were on your bike, if you have a car insurance policy, it is likely that your insurance policy will provide you coverage. If you carry uninsured or underinsured motorist coverage or medical payments coverage, these coverage types can help get you compensation, so knowing the specifics of your policy is crucial when filing a bicycle accident claim.

Seeking Medical Help and Filing a Bodily Injury Claim

If you have been in a bicycle accident, it is likely you will need to file a claim for bodily injury damage. The very first step is seeking medical attention, which is not only critical to your wellbeing but also necessary for knowing how much compensation you will need. Assuming the other driver was at least partially at fault, you should file your bodily injury claim with that driver's insurance company.

Documenting All Medical Treatment

You will need to receive medical treatment and document all of it. Keep notes on the initial date of your injury, the date you first received treatment, how the injury occurred, the prognosis issued by your doctor, the estimated length of treatment, any medications or surgeries, and the dates of all appointments related to the accident.

Filing Your Claim and Proving Fault

Once you have documented your treatment and sought medical care, it is time to file your claim. The earlier you file, the better, and your insurance agent should lead you through the process, whether walking you through filing on the phone or having you file on your own. Always be as truthful as you can, and do not sign anything without an attorney present.

Proving the fault of the other driver can be one of the most difficult parts of filing a claim, since the insurance company may try to deny you coverage or reduce your compensation if it believes you were even partially to blame. To prove fault, you will need to gather and document all evidence related to the accident, and witness testimony can also be essential. Fault is based on negligence, or the failure of the driver to act reasonably, and speeding, drinking while driving, failure to yield, and aggression are all examples of negligence that can be used to pin the fault on the responsible driver.