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PERSONAL INJURY - SETTLING EARLY
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PERSONAL INJURY - SETTLING EARLY
09 May, 2018
Personal Injury: Settling Early
Q.
I was in an auto accident that resulted in treatment for neck injuries. The accident was the fault of the other driver. My doctors assured me that I had "recovered" and that the injury would "eventually go away". Because I felt financial responsibility to pay the doctors I settled my case at a level that I thought was fair. Now, one year later, I still have daily pain and my doctor has recommended neck surgery. The condition that was supposed to "go away" has gotten worse. Do I have any chance of getting the insurance company of the other driver to pay for the upcoming medical bills?
A.
Probably not. In almost every case an insurance company will insist on a future release before it pays even the most obvious of medical bills. Also these companies are generally sophisticated enough to draft a release that will be enforceable. So, look carefully at your release and determine if you specifically released known or unknown injuries that might arise in the future.
This question is a good example of what can happen if a case is settled too quickly. Sometimes the injured person lets mounting medical expenses influence them to settle the case before the damages are known. There are ways around this problem. For example, did you have medical bill coverage on your car? Do you have health insurance? Or, often an assurance from your attorney, that the bills will be paid out of any settlement, will satisfy the medical provider to be patient.
Doctors are often optimistic that a good recovery can be achieved and are usually eager to state that opinion even when the nature of the injury suggests otherwise. You should not let early medical optimism cause you to foolishly settle your case at an early stage.
Rather, you should only settle the case when you are fully satisfied that you are recovered. What’s the hurry? If your case is solid, and you are entitled to recovery, why make bad choices just because the responsible insurance company is refusing to pay the medical bills.
This situation should not be confused with workers' compensation cases. In certain circumstances, a worsening condition arising from a work injury can result in payment of further medical bills, or weekly benefits by the insurance company.
Injured in a crash caused by an uninsured driver in Des Moines, IA? You may still recover damages with uninsured motorist (UM) coverage. LLDDC Law’s auto injury attorneys can help you navigate your claim and secure the compensation you deserve. Call for a free consultation—no fee unless we win!
Workplace fatalities are tragic and raise many questions for surviving family members about eligibility and the types of benefits available. If the death arose out of and occurred during the course of employment, there are three primary categories of benefits under workers' compensation laws. 1. Weekly Compensation for Dependents Surviving spouses and minor children are typically eligible for weekly compensation. Key points include: • For the spouse: Payments can continue for life unless the spouse remarries. Upon remarriage, the spouse may receive two years of benefits as a lump sum, ending further payments. • For minor children: Payments end when the child turns 18 unless the child is physically or mentally incapacitated or enrolled in full-time accredited education. • Lump-sum payments: While benefits can be taken as a lump sum, these are often heavily discounted and may not be advisable. 2. Medical Expenses If the worker survives for a period before passing, the employer is responsible for: • All reasonable medical expenses incurred due to the injury. • Healing period payments owed prior to the worker's death. 3. Burial Expenses Workers' compensation provides come coverage for burial costs. This benefit helps ease the financial burden during an already difficult time. Additional Consideration: Third-Party Claims If the death was caused by the negligence of a person or company other than the employer, surviving family members may also pursue a personal injury claim in addition to workers' compensation benefits. Final Thoughts Navigating workers' compensation after a workplace death can be overwhelming. Understanding the benefits available—from weekly compensation to burial expenses—can help surviving families secure the support they need. Consulting with an experienced workers' compensation attorney at LLDDC Law can ensure you receive the full benefits to which you are entitled.
Injured in an accident? Full disclosure of prior medical conditions is vital to your case. Learn how transparency protects your claim. Contact our experienced personal injury lawyers in Des Moines, IA, for a free consultation!
Struggling with medical bills after a car accident? Learn how to manage costs, protect your credit, and leverage health insurance or MedPay. Contact our experienced auto injury attorneys in Des Moines for a free consultation today!
Injured in an icy road accident in West Des Moines or in the state of Iowa? Our experienced accident attorneys explain why the “Act of God” defense often fails and how Iowa law holds drivers accountable. Contact us for a free consultation today!
If you or a loved one has experienced a catastrophic injury, navigating insurance claims and mounting medical bills can feel overwhelming. At Lawyer Lawyer Dutton Drake & Conklin, our experienced injury attorneys are here to provide the guidance and advocacy you need. We fight for injured Iowans—not the insurance companies. Contact us today for a free consultation and let us help you focus on recovery.
In the aftermath of a car accident, navigating the world of insurance can be overwhelming, especially when the negligent driver has inadequate coverage. This often leads clients to wonder: are there other avenues for compensation? The answer lies in the concept of vicarious liability, a legal principle that can open up additional insurance resources. Call LLDDC Law at 515-224-4400, Iowa's Injury Lawyers.
After an accident, gathering evidence quickly is crucial to the case. As the burden of proof falls on the injured party, relying solely on insurance companies or law enforcement to collect evidence can harm your chances of receiving fair compensation.
When you’ve been involved in an automobile accident in Des Moines, IA, especially one that leads to injury, the first few days can feel overwhelming. Between hospital visits, insurance calls, and dealing with the aftermath of the event, it’s easy to feel lost. However, prompt investigation of the incident is crucial—both for the injured party and for the overall strength of any future claim. One of the most common questions people ask in the early stages of a personal injury claim is: "What should I do now?
18 May, 2016 While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as... While most Iowans head for the AC when the heat is on, construction workers must labor outside in conditions that can hit a whopping 110 degrees. Just look at the heat index from last summer. Things are looking just as hot this summer. The Des Moines Register reports, "NASA scientists and others said that there's a good chance that this year will pass 2015 as the hottest year on record ." If you allow your body to overheat, you can suffer from various heat-related illnesses, including a fatal heat stroke. So what can construction workers do to stay safe under the beating rays this summer? Water, rest and shade Drinking water is the most important thing you can do to fight the heat. One rule of thumb: drink four cups of water every hour. Moreover, taking frequent breaks from the heat will prevent the body from overheating. Strenuous tasks should be accomplished early in the morning or later in the shift when the sun is not overbearing. Seek shade for these breaks. If natural shade is not available, opt for portable shade, such tents or umbrellas. Know the signs Heat exhaustion is overpowering and can threaten your health. When you are at work under the heat, be cautious of these signs : Dizziness, fainting or headaches Wet skin and weakness Confusion or irritability Nausea, vomiting or thirst The more egregious symptoms associated with heat stroke include: Seizures Collapsing Fainting Foggy thinking Get help right away If you suspect you are suffering from a heat-related illness at work, move to shade and remove outer clothing. A fan, mist, water and ice may help alleviate any symptoms. It also helps to drink cold water. More important, call a supervisor for help and seek immediate medical attention. Generally, you can secure workers' compensation benefits for most work injuries, including heat-related illnesses. To qualify for benefits, the injury must be caused by or aggravated by your work responsibilities or the condition of your workplace. If the overwhelming circumstances of your sweltering work environment have compromised your health, speak to a lawyer about work injury benefits.
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