As personal injury lawyers in Iowa, we strive to help injured victims receive fair and justifiable compensation after an accident. Whether you were hurt in a car wreck, slip and fall, or other incident, you deserve compensation. Over the years, we have found that no two cases are exactly alike. But there are certain steps you can take to increase a possible settlement.
Call Ball, Kirk & Holm, P.C. to schedule a consultation with one of our Iowa personal injury lawyers. We have offices in Waterloo and Iowa City but are available to travel to meet you where circumstances allow. And our clients can always reach us 24/7.
Tip #1: Resist the Urge to Accept a Quick Settlement
Following any type of major accident, victims suddenly see their expenses skyrocket. You now have medical bills on top of all your regular bills (like your mortgage), and you might be unable to go into work to earn money. The temptation is fierce to quickly grab the first settlement offer.
Resist the temptation. The first offer is almost always too low. The defendant or their insurer will try to lowball you, and the first offer might only be 50% of what you can ultimately get after some serious negotiation.
Can’t you go back and ask for more money? Actually, no. That would defeat the purpose of settling a claim. The defendant wants to settle so they can pay you money all at once and then be finished with the case. As part of the settlement, you’ll need to sign a waiver giving up the right to sue the defendant for more compensation. That means you are stuck with whatever you accepted—even if it’s not nearly enough to cover your medical bills and other losses.
Tip #2: Hire a Lawyer Quickly
Hiring a personal injury lawyer soon after the accident is the best way to increase the odds of financial compensation. A lawyer provides countless benefits to strengthen your legal claim:
1. Your attorney will find evidence to prove fault for the accident. Without a lawyer, you’ll struggle to find what you need. Imagine having to drive around town to track down witnesses or search for surveillance video while you’re nursing a bad back and a concussion. Most people will stay at home.
2. Your lawyer has a better understanding of where the evidence is located. For example, a truck accident case could turn on the presence of data on the truck. Your lawyer knows how to preserve this evidence.
3. An attorney will act as a barrier between you and everyone else—insurance companies, claims adjusters, and anyone else who wants information from you related to the claim. Let an attorney filter out phone calls and complete forms for you.
Can you wait 3 or 4 months to hire a lawyer? Sure, but you could end up harming your case in the interim. For example, evidence could disappear by that point. That’s why you should hire a lawyer as soon as possible.
The best thing to do is hire a lawyer now. Don’t delay. At Ball, Kirk & Holm, our Iowa personal injury lawyers are willing to meet you at a convenient location, such as your home. We’ll come to you to hear about your accident and injuries. Then we can analyze if you have a claim and how we charge for our services. If hired, we can get to work immediately on your case.
Tip #3: Don’t Talk to Insurance Adjusters without an Attorney
Iowa’s contributory negligence law is the most obvious hurdle to receiving full compensation. Under Iowa Code § 668.3(a), your compensation is reduced by your proportion of fault. Someone who is 35% to blame for an accident will receive 35% less than if they were blameless. That’s a huge bite out of any settlement.
You can increase your settlement by not saying anything which the defendant can turn around and use against you. That means not apologizing for an accident or admitting you were tired when you got behind the wheel of the car. Any admission like that will reduce your compensation by some percentage.
And if the defendant has proof you were 51% or more at fault, they can refuse to pay you anything. The law will bar you from receiving any compensation.
To protect yourself, limit all communications with insurance companies and claims representatives. Instead, let your attorney handle these communications. That’s why we recommend hiring someone as quickly as possible after an accident. We can ensure all communications between you and the other side are free of any admission of fault.
Tip #4: Say “Yes” to Medical Care
Obviously, most accident victims want to get well after suffering a bodily injury. But you have a financial incentive to accept all offered medical care, as well. If you don’t, then the defendant might claim your pain is your own fault because you didn’t take all reasonable steps to get better.
For example, your doctor might recommend that you participate in physical therapy after you have surgery. This therapy can help you regain loss of movement and live more independently. If you decline, then you might end up decreasing the value of your claim.
Tip #5: Always Carry as Much Insurance as Possible
Iowa requires that motorists carry liability insurance. Your policy should also come with uninsured and underinsured motorist coverage. We highly recommend carrying as large a policy as you can afford.
Imagine you are involved in a wreck with an uninsured driver. The only realistic way to get any compensation will be to make a claim on your UM coverage. And if you have a larger policy, then you will manage to cover more of your losses.
We Have Won Millions for People Like You
Ball, Kirk & Holm encourages anyone suffering from a bodily injury to call our office to speak with an attorney. We have the skills needed to obtain generous settlements for your injuries. In a free consultation, we will share other tips for how to enhance the strength of your legal claims.