- Waterloo Personal Injury Attorneys
- Phone: 641-792-3595
- Directions
Accidents and injuries can unexpectedly alter lives. Personal injury lawyers are key allies in these trying times. These professionals focus on advocating for victims of negligence, ensuring they get fair compensation. This article highlights the essential role personal injury lawyers play, helping people navigate their claims and regain their lives.
Do You Have to Accept The Insurance Company's Settlement?
In Iowa, you are not obligated to accept an insurance company’s settlement offer. However, there are several critical factors to consider:
1. Minor Injuries: If your injuries are minor, settling the case on your own might be beneficial to avoid paying an attorney a portion of your settlement.
2. Subrogation: If your medical bills have been covered by health insurance or another insurance company, you must consider who will reimburse them. Subrogation can cost you your entire settlement if mishandled.
3. Statute of Limitations: Be aware of how much time you have before the statute of limitations expires, as failing to act within this period could result in receiving nothing.
If you are unsure about any of these aspects, it is strongly recommended that you consult with a qualified Iowa injury attorney. Failing to do so could cost you thousands of dollars or even your entire case.
Settlement Negotiations
It is uncommon for an insurance company’s first offer to be their best. If you decide to negotiate with the insurance adjuster yourself, consider the following:
1. Communication: Anything you tell the insurance adjuster can be used against you, so be careful and honest. Insurance companies have databases that track prior injuries and accidents.
2. Professionalism: Avoid threatening the insurance adjuster. Being courteous generally yields better results than being angry or upset.
3. Knowledge: Be well-informed about the details of your injuries, treatments, and diagnoses.
Before agreeing to any settlement offer in an injury case, it is always wise to speak with a qualified Iowa injury attorney. They can help determine if you are being treated fairly or taken advantage of. Consulting family and friends is good, but an attorney with experience in dealing with insurance companies and injury cases is better.
How to Evaluate the Value of a Claim
Several factors influence the value of an injury claim:
- Severity and Extent of Injuries: The more severe and widespread the injuries, the higher the potential claim value.
- Nature of Injuries: Multiple injuries or objective injuries like broken bones typically increase the claim value.
- Medical Treatment: Hospitalization and surgeries can significantly impact the claim value.
- Missed Work: The amount of time missed from work and the injured person’s job role at the time of the injury.
- Insurance Coverage: The availability of insurance coverage, including underinsured motorist coverage.
Understanding Degree of Accident Fault in Personal Injury Claims
The degree of accident fault determines an individual's responsibility percentage for an accident and the resulting damages. In Iowa, modified comparative fault laws apply. This means:
- If the injured party is more than 51% at fault, they cannot recover any damages.
- If the injured party is 50% or less at fault, they can recover damages, but the amount will be reduced by their percentage of fault.
Due to the potential for reduced or eliminated compensation, it is often in the best interest of the injured party to seek legal counsel to help establish the other party’s fault.
Types of Evidence to Reduce Accident Fault
Proving the other party’s responsibility for a crash involves collecting evidence such as:
- Accident Reports: Official documents detailing the incident.
- Photographs: Images of the accident scene.
- Eyewitness Statements: Testimonies from people who witnessed the accident.
- Police Observations: Notes and observations from responding officers.
At Walker, Billingsley & Bair, Iowa lawyers can help clients gather this evidence to support their personal injury claims.
Common Defenses in Bicycle Accident Claims
Bicyclists often suffer severe injuries in accidents involving motor vehicles, leading to extensive damage claims. However, drivers and their insurers may use various defenses to refute liability, including:
- Helmet Use: Claiming the cyclist’s failure to wear a helmet makes them partially responsible for their injuries.
- Traffic Rules: Asserting the cyclist was at fault for not following road rules.
- Distraction: Alleging the cyclist was distracted, contributing to the accident.
- Lack of Visibility: Arguing they couldn’t see the cyclist due to factors like no rear lights or dark clothing at night.
To combat these defenses and secure fair compensation, it’s crucial to have a skilled accident attorney. Walker, Billingsley & Bair in Des Moines offers free legal evaluations to discuss your case, build a strong argument, and dispute any defenses used against you. Contact them online or call 515-440-2852 for assistance.
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.