12 MYTHS ABOUT IOWA PERSONAL INJURY ACCIDENT CASES

1. If you are reasonable with the insurance company, then they will be reasonable with you.

2. The insurance adjustor is there to help you with your personal injury claim.

3. When you are in an accident and the insurance company asks for a recorded statement, you have to give it to them or they won’t settle with you.

4. All attorneys and lawyers who advertise that they handle personal injury cases have the same skills, education, tools and experience to handle your case.

5. The insurance company for the other party is obligated to pay your medical bills and lost wages as they are incurred.

6. All attorneys charge the same fees in injury cases.

7. The tort liability system is . . . . .

To learn the other myths and more including: Should I Give a Recorded Statement? Should I Sign a Medical Release Form? How Long do I Have to Bring my Claim? For the answers to these questions and many more CALL NOW 1-800-707-2552 to hear a brief 24 hour recorded message about how to order your FREE Book and enter one of the following extensions (Car Accident- Ext. 510); (Work Injury- Ext. 511); (Personal Injury- Ext. 512) or go to www.InjuredIowan.com. However, this is a limited offer with a limited number of books available.

OWI- Operating While Intoxicated, What You Must Know if You Drink Alcohol and Drive a Car

We live in a society in which alcohol is widely used in social and recreational settings and a society that is highly dependent upon cars. As a result, the two activities often cross paths. Every year hundreds of Iowans are killed and injured because of drinking and driving. OWI- operating while intoxicated is the most commonly filed indictable crime in Iowa. Nonetheless, many people attempt to use alcohol in a responsible social manner and then drive home. However, they are taking a huge risk by doing this. Not only are they a more dangerous driver after drinking, they run the risk of being stopped by a police officer and being required to be tested for sobriety. They might pass the sobriety tests, or they might not. If they don’t pass, then they will likely be arrested, prosecuted, lose their driver’s license, receive a fine, likely spend time in jail, and pay higher car insurance premiums.

The best way to avoid being charged with drinking and driving is to not drink and drive. However, if the solution were this simple then the problem would not exist. The widespread social use of alcohol and lack of transportation alternatives results in the two activities occurring together. Therefore, it is important to know how much is enough and how much is too much.

Alcohol impairment is rated by the blood alcohol percentage. A blood alcohol reading of .08 is the presumptive level of intoxication. A driver with a level of .08 or more is breaking the law, even if they seem to be in control of themselves. A driver with a level of less than .08 is breaking the law if the person is under the influence of the alcohol. “Under the influence” means that for a person, by reason of drinking, any of the following is true: 1) their reason or mental ability has been affected; 2) their judgment is impaired; 3) their emotions are visibly excited; or 4) they have, to any extent, lost control of bodily actions or motions. It is important to realize that at a blood alcohol level of .05 a person is five times more likely to get into an accident than if they had not been drinking at all. The point to remember is that a driver who is “under the limit” can still be charged with being “under the influence”.

The general rule is that one beer, one shot, one mixed drink, or one glass of wine will give a person a blood alcohol of .02. It can be more or less than this based upon body weight and tolerance levels, but this is the general rule. The other general rule is that the body will break down and eliminate .02 worth of blood alcohol per hour. Only the passage of time will lower the blood alcohol level. Drinking black coffee or eating a late night meal might make a person feel more alert, but it won’t lower the blood alcohol level. An estimated blood alcohol level can be calculated by adding together the number of drinks and multiply it by .02 and then subtracting the number of hours elapsed and multiplying it by .02. (Number of drinks x .02) – (Number of hours elapsed x .02) = Blood Alcohol level. Also, it is possible to purchase personal alcohol breath testers. Such a device is a good way for a person to gauge just how much their favorite alcoholic beverage affects their blood alcohol level which may enable a person to use alcohol more responsibly. Another general guideline is that at a level of .05 a person’s friends or family can probably tell that the person has been drinking; at .10 strangers will probably be able to tell; and at .15 it is obvious to all that a person has been drinking.

By far the best method if you are going to drink outside of your home is to use a “sober” designated driver. A designated driver is a person who does not drink at all and serves as the driver for a group of friends who are using alcohol. Unfortunately, sometimes the designated driver is a person who just doesn’t drink as much as everybody else, or who stops drinking at a certain time. This type of designated driver defeats the purpose and gives everybody a false sense of security. You can also call a taxi, if available, or call a sober family member or friend to pick you up.

Some people will choose to use alcohol in a moderate responsible manner and operate a car. If you make this choice and wish to avoid an encounter with the police, it is vital that you drive the car in a flawless manner. This means, among other things, that the driver should know where he/she is going, make sure all lights are working, use turn signals, obey the speed limit, make complete stops at stop signs, do not run red lights, do not try to beat yellow lights, make sure the registration sticker is current, yield the right of way when required, drive defensively, and do not drive aggressively. Also, keep in mind, the party stops in the car. Do not have open containers of alcohol in the car, keep the music turned down and keep alcohol in the trunk. Remember, sometimes a little is worse than a lot. A driver feeling the exuberance of a few drinks might call more attention to himself than a driver who thinks he has had one too many and is trying to be extra careful to get home.

The costs associated with an OWI are high even if nobody gets hurt. However, in a case involving death or injury, it gets much, much worse. No one ever sets out with any of that in mind so the best course of action is to not drink and drive.

If you or a loved one have been injured by a drunk driver then you should know: ? 6 Things to Know Before Talking to the Insurance Adjustor ? 5 Things to Know Before Hiring an Attorney ? 10 Myths about Car Accidents A new FREE Book reveals these and much more. Why offer a Free Book? For more than 10 years Iowa Injury Attorney Corey Walker has represented hundreds of Iowans injured in car accidents. He has seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about car accidents in the comfort of your own home with no risk or obligation. However, this is a limited offer with only 27 copies available so to learn how to avoid costly mistakes Call Now (800)-707-2552, ext. 710 (Recorded Consumer Awareness Message). For more information go to www.IowaCarAccidentBook.com.

Should You Handle Your Car Accident Case Without an Attorney? 3 Traps that can Cost You Thousands of Dollars

The answer is “yes”, sometimes it can be a good idea to handle your car accident case without an attorney. For example, if your total medical expenses are less than $5,000 (this means the total medical bills paid by your insurance company, the bills paid by you and the bills that are unpaid) and you do not have a permanent injury it may be in your best interests to try to settle the case on your own. In fact, our office does not accept car accident cases if the person has less than $5,000 in total medical expenses, unless there are permanent injuries. If you decide to proceed in your car accident case without an attorney there are 3 things that you should know.

1. Negotiating with the insurance adjustor is an important part of resolving a car accident claim and here are some pointers. You should prepare before speaking with the insurance adjustor and know your facts. Also, you should have a confident, but polite attitude with the insurance adjustor. For example, it is unlikely that threatening to go to the insurance adjustor’s boss will help your case. Do no interrupt the adjustor, but instead listen to what is being said and ask questions about their positions. Even if the insurance adjustor makes a ridiculously low offer, do not lose your temper or show emotion as that will likely damage your case.

2. As part of preparing to negotiate with the insurance adjustor you should know what medical care and treatment you have had and the amount of your medical bills including the total amount. For example, if you have $4,000 in medical bills and the insurance adjustor offers you $4,500, you can ask the adjustor if they really think a judge or jury will only give you $500 for what you have been through and your loss of quality of life.

3. You should be aware that often, if your medical bills were paid by health insurance, the insurance company or plan will want to be reimbursed in full out of any personal injury recovery. Your health insurance turns out to be not insurance at all, but rather a loan that has to be paid back. The laws in some states, including Iowa, generally allow a deduction for attorney fees and costs. However, we have seen cases where the insurance companies hired lawyers to make the claims for full reimbursement for them. Also, what they don’t tell you is that this area of law, known as “reimbursement or subrogation” can be quite complicated and is sometimes governed by a federal law called ERISA (The Employee Retirement Income Security Act of 1974). If you are handling the case on your own, you should understand the implications of ERISA on your case and who will being paying back your health insurance company.

A new FREE Book reveals ? 6 Things to Know Before Talking to the Insurance Adjustor ? 5 Things to Know Before Hiring an Attorney ? 10 Myths about Car Accidents Why offer a Free Book? For more than 10 years Iowa Injury Attorney Corey Walker has represented hundreds of Iowans injured in car accidents. He has seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about car accidents in the comfort of your own home with no risk or obligation. However, quantities are limited so to learn how to avoid costly mistakes Call Now (800)-707-2552, ext. 210 (Recorded Consumer Awareness Message). For more information go to www.IowaCarAccidentBook.com.

What Must be Proven to Win an Accident Case?

The law does not require that a person is compensated for every injury. You must prove that someone else was negligent, reckless or careless and that because of their behavior you were injured.  If you have been injured in an accident that was no one’s fault or if you do not sue the right person, company or business, then the law says that you will not win your case.  You definitely do not need an attorney for every injury case. For example, our office will not accept your case if there is little or no property damage and/or your injuries are minor.  Why would we not handle these cases?  First of all, in small cases the attorney fee and costs might leave little or nothing for you after your medical bills are paid which would not be fair to you.  Also, these cases would take time away from the more significant cases that we handle. 

 

If you or a loved one has been injured in a personal injury accident you may be worried about your financial future or confused about what to do next.  A new Free book reveals 7 Common Mistakes made by Iowans injured in car accidents and other personal injury accidents.  The book also includes 12 Myths about Iowa Injury Cases, 6 things to know before talking to the insurance adjustor, 5 things to know before hiring an attorney and if you even need an attorney for your case.  Why would we offer a free book?  We have heard too many horror stories about people making mistakes because they did not know their legal rights which resulted in them losing thousands of dollars.  To hear a brief recorded message about how to order your copy, Call 1-800-707-2552 and enter ext. 212 (24 Hour Recorded Message) or for more information log onto www.IowaInjuryBook.com.  

Do Not be a Good Patient by Lying to Your Doctor

There is an open secret among doctors, nurses and the medical community in general: Some patients lie. While some will lie about how much they drink or smoke, others will not tell their doctors about prior injuries to the same area of the body. Many doctors have a rule of thumb. Whatever the patient says they are drinking, multiply that number times three. While this may not cause any problems for a person who goes in for a physical, if a person has been injured in a car accident, work injury or another personal injury accident and lies to their doctor it can create big problems. An injured person’s credibility is very important because doctors cannot objectively measure pain or many physical limitations. The insurance company and their lawyers will use anything and everything they can against you and even a small lie can ruin your credibility. The best policy is to always tell the truth. Other than probably getting better treatment from your medical provider, you will never have to worry about what you said.

What Could be the Most Dangerous Thing you do this Summer?

Statistically, riding a motorcycle is one of the most dangerous things that you can do.  Here are some facts about motorcycle crashes. 

1. Approximately 75% of motorcycle crashes involve a collision with another vehicle, which most often is a passenger car.

2. Of the motorcycle accidents involving other vehicles, the majority are caused because the other driver did not detect and recognize motorcycles in traffic. Often the driver of the other vehicle involved in a crash with the motorcycle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.

3. Intersections are the most likely place for motorcycle crashes with other vehicles violating the motorcycle’s right-of-way and often violating traffic controls.

4. The other 25% of the motorcycle accidents involve single vehicle accidents with the motorcycle colliding with the roadway or some other fixed object.

 

There are some basic things you can do to prevent an accident in the first place and protect yourself if you are in an accident and a New FREE Book Reveals How to Not Become a Motorcycle Crash Statistic including:  ?  #1 Way to Avoid a Motorcycle Accident   ?  10 Myths about Motorcycle Accidents     ?  6 Things to Know Before Talking to the Insurance Adjustor or Hiring an Attorney.  Why offer a Free Book?  We have represented hundreds of injured Iowans including many Iowans injured in motorcycle accidents and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars.  Whether you or a loved one have been injured in a motorcycle accident or just own a motorcycle then you should read this free book.  Finally, you can learn about motorcycle accidents in the comfort of your own home with no risk or obligation.  However, this is a limited offer with only 25 copies available so to learn how to avoid an accident or costly mistakes Call Now (800)-707-2552, ext. 515 (24 Hour Recorded Message) or for more information go to www.MotorcycleAccidentBook.com.