Questions and Answers About Car Crashes

Roxanne Conlin & Associates, P.C., has a long history of fighting for injured Iowans. Our lead attorney, Roxanne Conlin, has practiced law for more than 57 years and is one of Iowa’s most recognized and respected attorneys. Her career spans decades of service to people who suffered harm at the hands of others. Our firm brings that same experience, compassion and personal attention to every motor vehicle accident case we handle. The questions and answers below cover the concerns we hear most often from people who suffered injuries in car crashes.

Who pays your medical bills after a car crash?

Usually, you will need to rely on your own car or health insurance, or on workers’ compensation, if you were hurt while you were working. The other driver’s insurance company will often not pay unless the other driver was totally at fault. Sometimes, the other driver’s insurance company won’t pay unless you sign a release of all your claims.

Should you sign what the insurance adjuster gives you?

No. Sign nothing without reading it carefully. What the adjuster says doesn’t count. Only what’s on the paper counts. If the adjuster tells you that you can still make a claim for lost wages, even though the paper says you release all claims, the paper rules. You can’t collect for lost wages. Often, the property damage can be separately paid for. Just be sure the check isn’t a complete release.

Can you trust the other driver’s insurance company?

What do you think? The other driver’s insurance company wants to pay you as little as possible and, preferably, nothing at all. For crashes where you had only slight injuries, lost just a little in pay and had some small medical bills, there is probably no need for a lawyer, though we think you should wait six months or so to be sure that your injuries are actually slight and nothing shows up later.

Can you still sue if your injuries got worse after a settlement?

No, probably not. When the other driver’s insurance company paid you the money, you were probably given a paper to sign called a release. In it, it usually says you release all your claims, even if you didn’t know about them at the time. That’s why we recommend you read every word before you sign a document and wait at least six months before you settle any part of your claim.

What if the police report got the facts wrong?

There are specialists who can recreate the forces, speeds and conditions of vehicles at the time of a crash from photographs and physical evidence. However, it is very important that this is done as soon after the crash as possible. Even though skid marks may last for months, acting sooner rather than later is strongly advisable. Some of the evidence is bound to disappear in time. These experts are very expensive, but generally, they can, in fact, figure out what happened and who was in the wrong.

What types of compensation can you recover after a car crash?

No one can tell you with any certainty what a jury may award to you. The categories of damages available in any tort action are as follows:

• Medical expenses, past and future: The expenses must be shown to relate to the injuries received in the car crash. Usually, an expert is necessary to testify as to what medical expenses will continue into the future.

• Lost wages, past and future: Again, it must be shown that these are related to the crash. Usually, an economist is called to testify about losses in the future because such losses must be reduced to present value. This means that each year’s lost wages are reduced by a factor of between one and two percent to account for the fact that the damages are being awarded in the present.

• Lost physical and/or mental capacity: This is an element of damage designed to compensate for loss of function of the mind and/or the body in the past and the future. It is not subject to any kind of mathematical calculation. Among the things a jury may consider is how great the loss is and how long you are expected to live, based on standardized mortality tables. For example, a man who is 50 has a life expectancy according to a standard mortality table of 75 years.

• Past and future pain and suffering: This element of damage is to compensate for the pain that relates to the injury. Again, it is not subject to mathematical calculations and is based on things such as frequency of the pain, severity of the pain and life expectancy.

• Other compensatory damages: This is a miscellaneous damage category for things like moving expenses if you were forced to move, transportation costs if you were required to travel for medical treatment, or other out-of-pocket expenses related to the car crash, and other things of that sort.

The compensation available to you depends on the specific facts of your case and the extent of your injuries.

Do Not Let The Insurance Company Decide What Your Case Is Worth

Insurance companies move fast after a crash, and their goal is to limit what they pay you. When you call us at Roxanne Conlin & Associates, P.C., you reach a team that treats your case with full effort, genuine care and a determination to get you every dollar you deserve. Contact us at 515-283-1111 or email us directly to schedule a free consultation.