Attorney at Mueller, Schmidt, Mulholland & Cooling

Practice Areas: Immigration Law

Many people hold misconceptions about how fault is determined in car accidents, especially in the state of Iowa. A common belief if a driver receives a ticket from law enforcement, automatically considers them at fault for any subsequent insurance claim. Issuing a ticket is a separate matter and does not definitively establish liability. Another prevalent myth is that rear-ending someone means automatic fault. Although it often leans this way, specific circumstances can change perspective, such as if the car in front suddenly slams on its brakes for no apparent reason. A third widespread fallacy is the “50% rule” applies in all situations, meaning if both parties are equally at fault, no one can claim damages. However, Iowa operates under a ‘modified comparative fault’ system, which allows a party to recover damages even if partially at fault, as long as their level of fault doesn’t exceed 50%. These myths can mislead individuals, leading to poorly informed decisions post-accident.

Medical Attention After a Car Accident: Fact vs. Fiction

After a car accident, assumptions often swirl about the necessity of immediate medical attention. One widespread myth is if one feels fine immediately after the accident, medical assistance isn’t needed. However, some injuries, like internal bleeding or concussion, don’t present immediate symptoms. Ignoring medical evaluation could lead to severe complications later.

Another common belief is refusing medical care at the scene will not affect a future insurance claim. Contrary to popular opinion, refusal can be used against an individual when trying to establish the seriousness of injuries sustained in the accident.

A further myth is any doctor can provide an adequate post-accident evaluation. While most doctors are skilled in treating a range of illnesses and injuries, a physician experienced in car accident injuries often provides more precise and detailed evaluations.

Role of Insurance Companies: Myths and Realities

Misconceptions about the role of insurance companies in the aftermath of a car accident abound. A common fallacy is the belief insurance companies are always on the side of their policyholders. While it may seem logical, insurance companies are businesses looking to minimize payouts. Their primary objective is not necessarily aligned with the best interests of the insured.

Another widespread misconception is accepting an initial settlement offer is always in one’s best interest. In many instances, initial offers are lowball figures that don’t adequately cover all expenses related to the accident. Holding out for a more suitable offer is often a wise choice.

Many people also assume premiums will skyrocket if a claim is filed. While rates may increase, it’s not a given and depends on various factors such as driving record, severity of the accident, and even the state’s laws regarding insurance.

Finally, a prevalent myth is that ‘no-fault’ insurance means no one is to blame in an accident. The term refers to Personal Injury Protection (PIP) insurance, which covers medical expenses regardless of who is at fault. It doesn’t mean fault won’t be determined or other types of claims won’t be filed.

Whiplash Claims in Iowa: Separating Fact from Fallacy

Whiplash claims following a car accident are often misunderstood, leading to a cloud of myths that can misguide individuals involved in such incidents. One of the most common myths is whiplash is not a real or serious injury. In fact, whiplash can result in long-term pain and disability, affecting the quality of life for months or even years.

Another widespread belief is whiplash symptoms manifest immediately after the accident. Symptoms may take hours or even days to appear, making it important to seek medical attention even if one feels fine immediately after the incident.

Additionally, many people think whiplash only occurs in high-speed collisions. However, research shows whiplash can happen in crashes as slow as 5-10 miles per hour. The angle of the collision and the position of the headrest can also play significant roles in the severity of whiplash injuries.

Lastly, there’s a common notion a successful whiplash claim requires extensive medical records and evidence. While medical documentation can strengthen a claim, it’s not always necessary for a multitude of tests and scans to establish the legitimacy of a whiplash injury.

Busting these myths is key to understanding the true nature of whiplash claims and how to treat both medically and legally in the state of Iowa.

Legal Timeline for Filing a Claim: What Most People Get Wrong

A misunderstanding of the legal timeline for filing a car accident claim can have serious repercussions. One common myth is the belief there’s plenty of time to file a claim, leading individuals to delay the process. In Iowa, a person generally has two years from the date of the accident to file a personal injury lawsuit. Missing this deadline typically means forfeiting the right to seek any compensation.

Another misconception is submitting an insurance claim is the same as initiating a lawsuit. While both are related to seeking compensation, these are separate actions. Filing an insurance claim does not extend or replace the legal deadline for bringing a lawsuit.

Also, many think once a claim is filed, immediate evidence must be ready. In actuality, the claim begins a process allowing time for gathering necessary documentation, such as medical records or accident reports. However, it’s still advisable to collect this information as promptly as possible.

A final widespread fallacy is that all claims go to court. Most car accident claims are settled before reaching the courtroom, through negotiation or arbitration. However, it’s important to prepare as if the case will go to trial to ensure all options remain open.

Calculating Damages: Myths That Could Cost You

Car Accident Injuries

In the aftermath of a car accident, understanding how damages are calculated is vital. However, misconceptions about this process can be costly. A prevalent myth is damages are solely based on medical bills and car repair costs. While these are fundamental components, other factors like emotional distress, lost wages, and diminished quality of life can also contribute to the total sum. Another common belief is an insurance company’s initial offer is non-negotiable. Many individuals accept the first offer without realizing one can negotiate for a more adequate settlement based on the actual extent of their damages.

Some people think economic damages, such as medical expenses and property damage, are the only types of compensable damages. Non-economic damages, like pain and suffering, can also be factored into the final award. Furthermore, the myth persists that using a damages formula or online calculator can accurately determine the worth of a claim. Such methods offer only a rough estimate and cannot replace a comprehensive evaluation of all variables involved.

It’s essential to seek legal counsel, especially when dealing with distracted driving cases in Iowa, where the intricacies of the law can significantly impact the outcome of your compensation. An attorney can help clarify how factors such as the severity of the injury, the impact on your daily life, and even the circumstances of the accident—like distracted driving—play a crucial role in building a strong case.

If you are have been involved in a car accident, contact or call us at 515-444-4000 as soon as possible for a free consultation.

Providing Unmatched EXPERIENCE On Your Case When you find yourself in a situation where you’ve been treated unfairly or you’re in the middle of a legal disagreement, it can be difficult to know what your rights are and how to proceed.

  • The attorneys at Mueller, Schmidt, Mulholland, & Cooling help me understand and keep me up-to-date on everything with my case this law firm is top-notch if you need a law firm to fight for you this one is the best in the state. I thank the partners at Mueller, Schmidt, Mulholland, Cooling for having such talented lawyers on their team, and their hard work and dedication to my case

  • Professional, responsive, and most diligent individuals I have ever had the pleasure of working with on my case. This firm gets the job done and they care legitimately about their clients. Anyone who loves chihuahuas as much as me has to be a great person. I would recommend this firm to everyone.

  • I was in a bad situation after a work injury and wasn’t sure if my employer was trying to do things that weren’t legal in regard to my medical care and returning to work too soon. A friend of mine put me in contact with Mueller, Schmidt, Mulholland & Cooling. They were extremely helpful and very quick to contact me, ask and answer questions, and help me with my case. I appreciate all they do and for taking me seriously!

  • I was recently in a car accident which was a traumatizing experience. However, I got in contact with Mueller, Schmidt, Mulholland & Cooling and never looked back. Everyone was friendly and they reassured me things would work out. They turned a stressful experience to nothing at all. I would recommend to others in the area

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