How to Get More Money From a Car Accident Settlement in Iowa
Following a car accident, many drivers who were injured are left wondering if the insurance settlement they will get from the accident will actually cover everything that they have lost. Medical bills, missed work days, vehicle repairs, and both the physical and emotional tolls can quickly create a lot of stress...especially financial stress.
There is no guaranteed formula for maxing out a claim in a car accident case. However, there are some steps that an injured party can take to make their personal injury case stronger and improve their chances of getting a fair settlement.
Insurance companies evaluate claims based on evidence, damages, and liability, so the more thoroughly a claim is prepared, the stronger the negotiations can be.
If you are wondering how to get more money from a car accident settlement, you should first get a qualified personal injury attorney, and then read the following:
Get Medical Treatment as Soon as Possible
One of the most important things that car accident victims can do is get medical treatment, even if they don't have severe injuries. Sometimes, it can take days, or even weeks, for an injury to show. Adrenaline might mask the pain levels, and if not treated, some injuries can worsen over time.
In addition to the treatment benefits, getting medical treatment also can help by documenting the following:
The injuries caused by the accident
The severity of those injuries
The treatment required
The effect on your daily life
Delaying treatment can give insurance companies the opportunity to argue that your injuries aren't serious or that they were caused by something that is unrelated to the accident.
Go see seek medical attention and follow your doctor's recommendations. This shows that you are taking the situation, and your injuries, very seriously.
Document Everything Related to the Accident
Another way to help ensure you can get maximum compensation is to have excellent records. So, it's a great idea to document everything. The more information you can provide about the accident, the better chance you have of getting full financial recovery. Some of the documents you might need to have a successful car accident lawsuit include:
Police reports
Medical records
Medical bills
Photos of the accident scene
Photos of vehicle damage
Photos of injuries
Witness information
Pay stubs showing lost income
Insurance communications
It's also important to keep a record of how your injuries have affected your daily life, especially in severe injury cases. For instance, if your pain prevents you from working, exercising, caring for your family, or participating in hobbies, documenting the limitations can help to show how much of an impact the accident had on your life.
Do Not Accept the First Settlement Offer
Insurance companies are really happy to offer personal injury settlements quickly following an accident. Though it is often very tempting, because many car accident victims have bills piling up, the first offer is usually not a fair settlement. Most early offers are missing compensation for:
Future medical treatment
Long-term complications
Additional lost wages
Permanent injuries
Pain and suffering
Insurance companies do this on purpose. They know that after a car wreck that people need money, but they also know that the full extent of your injuries is likely unknown. If you accept that first settlement agreement, you will likely lose your ability to get monetary compensation in the future. Unless you are sure that the settlement value is fair, it's often a bad idea to accept the first settlement offer. For more information, these vehicle accident attorneys may be able to help.
Understand the Full Value of Your Damages
In a typical car accident settlement, the goal is to get the full value of your damages. A claim isn't limited to only things like vehicle repairs or medical bills, however. The full settlement amount can also include:
Medical Expenses
One of the main parts of the average car accident settlement is the medical expenses. These might include:
Emergency room visits
Hospital stays
Doctor appointments
Diagnostic testing
Physical therapy
Prescription medications
Future medical care
If injuries require ongoing treatment, the settlement should account for those expected expenses.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for income you lost because of the accident.
This may include:
Missed work days
Reduced hours
Lost earning ability
Future career limitations
A serious injury may affect your ability to return to your previous job or continue working at the same capacity.
Pain and Suffering
Car accidents can affect more than a person’s finances. Physical pain, emotional distress, and changes to daily life may also be considered when determining compensation.
Pain and suffering may include:
Ongoing discomfort
Anxiety after the crash
Sleep problems
Loss of enjoyment of activities
Emotional trauma
These damages can be more difficult to calculate, but they are an important part of many injury claims.
Avoid Giving Insurance Companies Information That Can Hurt Your Claim
After an accident, insurance adjusters may contact you to gather information about the crash and your injuries.
While you should cooperate with the claims process, you should be careful about making statements that could later be used against you.
Insurance companies may look for information that allows them to reduce the value of a claim.
Examples include statements suggesting:
Your injuries are minor
You are feeling better quickly
You were partially responsible for the crash
You are unsure how the accident happened
You should avoid guessing or minimizing your injuries. If you are uncertain about how to respond to insurance questions, speaking with an attorney first may help protect your claim. They can also help with questions like do i need a lawyer for a car accident settlement?
Do Not Downplay Your Injuries
One mistake accident victims often make is trying to appear stronger than they actually feel. Some people return to work too quickly, skip appointments, or avoid discussing their pain.
Unfortunately, this can make it harder to demonstrate the seriousness of the injury later.
Insurance companies often review medical records, treatment history, and other evidence when evaluating claims. If your actions do not match the severity of your reported injuries, the insurer may argue that your damages are less significant.
Being honest and consistent throughout the recovery process is important.
Preserve Evidence From the Accident Scene
Evidence can become harder to obtain as time passes. Important details may disappear, vehicles may be repaired, and witnesses may become more difficult to locate.
After an accident, try to preserve:
Photos of the vehicles
Skid marks or road conditions
Traffic signs and signals
Weather conditions
Contact information for witnesses
Dashcam footage and surveillance video can also be valuable in proving what happened.
The stronger the evidence showing another driver’s negligence, the better position you may have during settlement negotiations.
Be Careful With Social Media
Many people do not realize that social media activity can affect a personal injury claim.
Insurance companies may review posts, photos, and videos looking for information that conflicts with your injury claims.
For example, if someone claims they are unable to perform certain activities but posts photos appearing to show otherwise, an insurer may use that information to challenge the claim.
It is generally best to avoid posting details about the accident, your injuries, or your claim while the case is ongoing.
Understand Iowa Comparative Fault Rules
Iowa follows a modified comparative fault system, which means more than one person may share responsibility for an accident.
Insurance companies may attempt to argue that the injured driver contributed to the crash. If the injured person is assigned a percentage of fault, the amount of compensation recovered may be reduced.
For example, an insurer may argue that a driver was speeding, distracted, or failed to take reasonable steps to avoid the collision.
Because fault can significantly affect the value of a settlement, having evidence that clearly shows how the accident occurred is extremely important.
Consider Working With a Car Accident Lawyer
While some minor accidents can be resolved without legal assistance, many injury claims become complicated when insurance companies dispute fault or the value of damages.
A car accident attorney can help by:
Investigating the accident
Gathering evidence
Reviewing medical records
Calculating damages
Negotiating with insurance companies
Protecting your rights throughout the process
Insurance companies know that experienced attorneys understand how to evaluate claims and negotiate settlements. Having legal representation may help ensure that important damages are not overlooked. They can also advise on how the jones act and seamen's injury claims work.
Protecting Your Settlement After an Iowa Car Accident
Getting more money from a car accident settlement is not about exaggerating injuries or increasing a claim unfairly. It is about making sure the full impact of the accident is properly documented and that the responsible party is held accountable.
Seeking medical treatment, preserving evidence, understanding your damages, and being cautious when dealing with insurance companies can all help strengthen your claim.
At Tom Fowler Law, they help injured drivers throughout Des Moines and surrounding Iowa communities understand their legal options after a car accident. If another driver’s negligence caused your injuries, a personal injury lawyer can help you pursue compensation for medical expenses, lost income, pain and suffering, and other damages. Contact Tom Fowler Law today to schedule a free consultation.