West Des Moines Personal Injury Attorneys

Life can be upended by accidents and injuries. During these difficult periods, personal injury attorneys are essential. These experts focus on representing those harmed by others' carelessness, helping them obtain deserved compensation. This article explores the vital function of personal injury lawyers, assisting individuals in navigating their claims and restoring their lives.

Do You Have to Accept the Insurance Companies Settlement?

In Iowa, you are not obligated to accept an insurance company’s settlement offer. However, several key considerations must be kept in mind before deciding whether to settle your case independently or seek professional legal advice.

Evaluating Your Situation

1. Nature of Your Injuries: If your injuries are minor, you might benefit more from settling on your own to avoid paying attorney fees. 
2. Subrogation Issues: If your medical bills have been paid by your health insurance or another insurance company, you need to understand who will be reimbursing them. Subrogation can significantly impact your settlement if not handled correctly.
3. Statute of Limitations: Be aware of the time limit for filing your claim. If the statute of limitations expires, you could lose the right to any compensation.

If you are unsure about any of these factors, consulting a qualified Iowa injury attorney is strongly recommended to avoid potentially costly mistakes.

Settlement Negotiations

When negotiating with the insurance adjuster, remember that their first offer is rarely their best. Here are some tips for self-representation:

1. Careful Communication: Anything you say to the adjuster can be used against you. Be truthful but cautious about sharing information, especially regarding prior injuries or accidents.
2. Politeness Over Threats: Being courteous will generally yield better results than being confrontational.
3. Know Your Facts: Have detailed knowledge of your injuries, treatment providers, and diagnosed conditions.

Before agreeing to any settlement, it's wise to consult with a qualified Iowa injury attorney to ensure you are not being taken advantage of. While friends and family might offer advice, a professional with experience in dealing with insurance companies will provide the most reliable guidance.

Evaluating the Value of a Claim

Several factors influence the value of an injury claim:

- Severity and Extent of Injuries: Serious injuries typically result in higher settlements.
- Nature of Injuries: Multiple body parts being injured, broken bones, hospitalizations, and surgeries can increase claim value.
- Time Missed from Work: Lost wages are a critical component of your claim.
- Work Environment: The nature of your job at the time of the injury may also affect your claim.
- Insurance Coverage: The amount of available insurance can limit or enhance the compensation you receive.
- Underinsured Motorist Coverage: Assess whether this type of claim is applicable in your case.

Common Insurance Adjuster Tactics

Insurance adjusters often employ tactics to minimize or deny your claim. Here are some common strategies and how to counter them:

- Access to Medical Records: Adjusters may seek access to your full medical history to find any pre-existing conditions that could reduce your claim. Only provide records directly related to your accident.
- Quick, Low-Ball Offers: Adjusters might offer a small settlement soon after the accident, hoping you’ll accept before fully understanding your medical condition. Be cautious and avoid signing any releases prematurely.
- Surveillance: Adjusters may monitor your activities to discredit your injury claims. Always follow your doctor's advice and avoid activities that could be misinterpreted.
- Discouraging Legal Representation: Adjusters might suggest you don't need a lawyer, promising fair treatment. However, legal counsel can significantly improve your negotiation position.

Protecting Yourself

To safeguard against these tactics:

- Review Your Policy: Understand your insurance coverage in detail. Insist on a written copy of your policy if necessary.
- Control Your Medical Records: Only authorize the release of records pertinent to your accident.
- Be Cautious of Surveillance: Assume you might be watched and act accordingly.
- Be Skeptical of Quick Offers: Calculate a fair compensation amount before negotiating and consult a lawyer before signing any agreement.

Iowa's Dramshop Law

In addition to personal injury claims, Iowa’s Dramshop Law allows individuals injured by intoxicated patrons to seek compensation from bars and restaurants that served alcohol irresponsibly. The law applies under two primary scenarios:

1. A person is served too much alcohol, leaves the establishment intoxicated, and causes a car accident.
2. An intoxicated bar patron assaults another person.

The law holds vendors responsible if they served alcohol to someone who was visibly intoxicated or should have reasonably known the person would become drunk. These establishments must carry dramshop liability insurance to cover damages.

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.