First of all, anything you say can and may be used against you by the insurance company and their lawyers. Therefore, no matter what, do not lie. Even a small lie can ruin your credibility. The best policy is to always tell the truth. That way you will never have to worry about what you said. Secondly, you should document your damages by keeping documents which may not seem important at the time, but later may become important. Also, you should keep a diary or journal of who you and when you spoke with various people. Your diary or journal will help you prove the extent of your damages, and can mean a higher evaluation of your claim.

If you sustained injuries there are several other things to keep in mind. For example, if you miss work then you should keep track of the time you miss. This includes keeping doctors excuses for missed work and keeping track of time you miss work for doctors’ appointments. Also, you should review any medical bills or explanation of benefits forms that you receive from your health insurance company. The medical records made when you visit your doctor, physical therapist or other medical providers are very important. They will include your description of how you were injured, your physical complaints, your injuries, the doctor’s examination findings, and the treatment you received. The insurance companies will base its offer to you on this critical information. If you fail to tell the doctor everything that hurts, not only will it not be treated properly, but also no one will know about it. If you first begin to complain about some problem weeks or even months after you were hurt, the insurance company will likely claim that the problem was not from the accident and reduce their settlement offer to you.

Likewise, remember that failing to see a physician regularly is considered evidence that you have fully recovered to the insurance company and eventually, perhaps to a judge or jury. While you should not go to the doctor every day, you need to see your doctors and tell them if you are still having problems. If your doctor says “follow-up as needed”, that means to come back in a few weeks if you are still having problems. If you do not follow-up, then in the eyes of the doctor, insurance company, and perhaps even a jury, you are no longer having problems and have made a full recovery.

Insurance adjustors are trained to use words and techniques to try to settle your case and close your file. They do this for a living, all day and every day. When dealing with an insurance adjustor you need to be smart and watch what you say because it could later be used against you. After all, insurance companies have professionals working for them so you should consider having a professional on your side, a personal injury attorney.

Often after a personal injury accident, an adjustor will offer a few thousand dollars in hope that you will take the offer and settle the claim quickly. If you accept the settlement and sign the release forms, then it is very difficult to change your mind later. While often you can handle a property damage only claim on your own, when it comes to a car accident, work injury and other personal injury cases you may need the expertise of a personal injury or work injury attorney.

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 Personal Injury Cases Why offer a Free Book? For more than 11 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 personal injury cases 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. 712 (Recorded Consumer Awareness Message). For more information go to http://www.IowaInjuryBook.com.

One misconception is that the insurance adjustor is there to help you with your injury case. The insurance adjustor works for the negligent party and/or their insurance company and has no duty to protect your rights or even tell you what the law is. Just because you are reasonable with the insurance adjustor does not mean that the insurance adjustor will be reasonable with you. Remember, they are trained to pay you as little for your claim as possible. Sometimes this means intentionally frustrating you in hopes that you will give-up and go-away. If you decide to try to handle your case on your own, it is important that you do not lose your temper or make threats to the insurance adjustor. If the adjuster makes a ridiculously low offer, it may be difficult not to show emotion. However, showing your emotions will never convince the carrier to offer more money. In the eyes of the adjustor it means that you have a short temper which will certainly not help your case.

Often when you have been injured the insurance adjustor will ask you to provide a recorded statement for their file. Sometimes, they will even tell you that you must give them a recorded statement before they will consider your claim. While this can be true if you are making a claim against your own insurance company, for example in a property damage claim, uninsured or underinsured motorist claim, you are not legally required to give a statement to the insurance adjustor for the other party. The reason that they want the recorded statement is so that they can ask you questions before you are prepared to answer them. For example, the adjustor may ask you “Have you ever had neck pain before?” Your immediate response is “No”. Well, if you previously saw your family doctor or a chiropractor at sometime in your life and mentioned neck pain this can create a real problem because your credibility is very important in the case. When answering a question like this most people are thinking “No, I have never had neck pain like this before”, but that is not the question asked. So a single wrong answer to a question that you are not prepared for or do not understand can cost you thousands of dollars in your case. It is rare that giving a recorded statement to the other party’s insurance adjustor will help you and your claim.

Sometimes clients will come to see me after they have fired an attorney they found in the phone book who advertised as a personal injury attorney. Any Iowa attorney can advertise that they handle personal injury cases even though they may have never handled a single case. What you need to look for is an attorney who advertises “practicing primarily in personal injury”. This means that the attorney has certified with the Iowa State Bar Association that at least 40% of their law practice involves personal injury and that they have spent at least 15 hours per year taking continuing education classes about Iowa’s personal injury laws. Iowa’s personal injury laws are far too complex for someone without knowledge and experience to represent someone seriously injured. Only a qualified Iowa personal injury attorney can make sure that your rights are protected and that you are treated fairly in your case.

Another thing to look for when searching for an attorney is what results they have obtained for their clients and what their past clients have to say. Don’t take “all my cases are confidential” as an answer. Ask yourself do you want someone representing you with a proven track record or do you want to take a gamble on the attorney you chose. If an attorney has obtained good results for past clients and past clients have good things to say, then chances are they are qualified to represent you. Whether you live in Des Moines, Cedar Rapids, Waterloo, Iowa City, Ft. Dodge, Marshalltown or even outside of the state of Iowa, you should find an experienced personal injury attorney to help you.

Clients often wonder how they can afford to hire an attorney to help with their personal injury case. First of all, most qualified Iowa personal injury attorneys will provide you with an initial consultation at no cost. Also, most personal injury cases are handled on a contingency fee. A contingency fee means that if you do not make a recovery then you will not owe any attorney fees. The attorney being paid is contingent upon you being paid. If you receive money for your injuries then the attorney will receive a percentage of what you receive.

To learn more including the 8 Common Mistakes Made by Injured Iowans order a copy of my FREE Book entitled “Iowa Personal Injury & Wrongful Death - The Legal Insider’s Guide”. Why offer a Free Book? For more than 11 years I have represented hundreds of injured Iowans and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about personal injury 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 and your rights Call Now (800)-707-2552, ext. 512 (24 Hour Message) or go to http://www.IowaInjuryBook.com.

Q: Is my employer responsible for the medical expenses caused by my work injury?
A: Yes, but usually your employer and/or their insurance company will decide which medical providers you see. In exchange for this, they are responsible for paying for all medical care necessary to treat your work injury. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. Also, you are entitled to be reimbursed at the rate of $.505 per mile effective July 1, 2008, for all mileage you incur going to and from doctors’ appointments, physical therapy visits, etc.

Q: If the company doctor recommends surgery, do I have to have it?
A: No, You have the right to refuse any medical procedures or care that you do not want. For However, please keep in mind that not proceeding with surgery may have an impact upon your case.

Q: Does my medical care end when the doctor releases me from treatment?
A: No, your employer and/or their insurance company are responsible for paying for all medical care necessary to treat your work related injury, however as stated above they will choose your medical providers. This includes all forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management. The right to medical care and treatment may continue for the rest of your life for conditions related to your work injury or occupational disease.

Q: Am I entitled to cash payments if I am unable to work?
A: Yes. While you are healing and unable to work, you will receive cash payments to replace your usual earnings. The amount of your payment is based upon your earnings prior to your work injury.

Q: Do I have the right to a 2nd opinion?
A: Yes. Under Iowa law once the company doctors have said that you are as good as you will get, you have reached MMI, you have the right to have an independent medical examination performed by a doctor of your own choosing for an impairment rating and permanent restrictions. There are many doctors who specialize in giving second opinions in workers’ compensation cases.

Q: Once I am done treating, if I don’t make a full recovery does my case end?
A: No. If your work injury causes a permanent injury, then you should receive compensation for your disability. The amount owed is determined by the nature of your injury (ie. hand, back, neck, shoulder, etc.), your earnings prior to your work injury, your impairment rating, and other factors.

Q: Can my employer fire me after a work injury?
A: Under Iowa law your employer is not supposed to fire you for filing a workers’ compensation claim. However, you can be terminated for other reasons such as absences, work problems, etc. Also, subject to some exceptions (for example if you are a union member) generally your employer does not have to find you work if you are unable to return to your old job because of restrictions.

Q: What if I leave the job where I was hurt?
A: Leaving your job where you were hurt does not end your workers’ compensation claim. Just because you may be receiving workers’ compensation benefits, does not mean that you have to remain employed with the same employer. However, leaving your job while you are still being treated may impact your case and the compensation that you receive.

To learn more about Iowa work injuries including the “7 Mistakes To Avoid If You Are Hurt At Work” Call 1-800-707-2552 (ext. 511) (24 Hour Recorded Message) for a Free Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries” or log onto http://www.IowaWorkInjury.com.

What happens if you are involved in a car crash with an uninsured driver and cannot return to work? What can be done to protect you and your family from irresponsible and uninsured drivers? The insurance companies probably have not told you, but I will and I do not sell insurance. I have found that what most Iowans don’t know is that uninsured and underinsured motorist insurance coverage is the only automobile insurance that protects them and their family. What does $20,000/$40,000 mean, anyway?

Whenever auto insurance coverage is expressed as $20,000/$40,000 or $300,000/$500,000, the policy is telling you what coverage is available “per person” injured in the accident and what total coverage is available to all persons injured in a single accident. So, if you have $20,000/$40,000 coverage, each injured person would be covered up to $20,000, but the total coverage available for the accident is only $40,000. If four people are hurt in the accident, the most any one person would be paid is $20,000 but all five people would have to share the total of $40,000. In this situation, if any one person’s damages exceeded $20,000, or if the entire claim of all people in the accident exceeds $40,000, you could be personally responsible for what the policy did not pay.

Do you know how much coverage you have to protect you and your family? My experience is that most Iowans don’t. If you have enough Uninsured(UM)/Underinsured(UIM) Motorist coverage and a driver who has either no insurance or not enough insurance hurts you or your family, then your insurance company will pay for your damages up to the limits of insurance coverage you purchased. Uninsured(UM) Motorist coverage is also very important because if you are the victim of a “hit and run” and the other driver is not caught, your UM coverage will provide you with protection. Okay, how much does it cost? A recent survey of the leading insurance companies shows that for most Iowa drivers the difference between $20,000 and $500,000 in coverage is less than a dollar per day. The cost for increased coverage ranged from a low of $.15 per day to a high of $.72 per day. Would you like to know which car insurance company had the lowest rate and learn more about car insurance?

To hear a brief recorded message about how to order a free copy of a book entitled about “How to Buy Car Insurance to Protect You and Your Family”? Log onto http://www.IowaInsuranceBook.com or Call 1-800-707-2552 and enter ext. 514 (24 Hour Recorded Message). Why would I offer a free book to you? Because I believe that all Iowans should have the right information to make informed decisions when they are buying car insurance. Also, I have had too many clients who did not have enough insurance before their accident which resulted in them losing thousands of dollars.

Another misconception that some injured workers have is that the insurance adjustor is there to help you with your work injury case. The insurance adjustor works for your employer and/or their insurance company and has no duty to protect your rights or even tell you what the law is. Also, sometimes a nurse or medical case manager will be assigned to your case. The nurse will come to your appointments, talk to your doctors and often act like they are your friend. Keep in mind that they also are working for your employer and/or their insurance company so be careful what you tell them. They are trained to find things in your past medical treatment and try to use those things against you in your work injury case. While honesty is always the best policy that does not mean you should tell them your whole life story. Along the same lines, often people think that they have to let the medical case manager into the examination room. The answer is no, you do not have to let them in during the examination. However, under Iowa law they can speak with your doctors and other medical providers when you are not present.

Sometimes clients will come to see me after they have fired an attorney they found in the phone book who advertised as a workers’ compensation attorney. Any Iowa attorney can advertise that they handle workers’ compensation cases even though they may have never handled a single case. What you need to look for is an attorney who advertises “practicing primarily in workers’ compensation”. This means that the attorney has certified with the Iowa State Bar Association that at least 40% of their law practice involves workers’ compensation and that they have spent at least 15 hours per year taking continuing education classes about Iowa’s workers’ compensation laws. Iowa’s work injury laws are far too complex for someone without knowledge and experience to represent an injured worker. Only a qualified Iowa workers’ compensation attorney can make sure that your rights are protected and that you are treated fairly in your case.

Another thing to look for when searching for an attorney is what results they have obtained for their clients and what their past clients have to say. Don’t take “all my cases are confidential” as an answer. Ask yourself do you want someone representing you with a proven track record or do you want to take a gamble on the attorney you chose. If an attorney has obtained good results for past clients and past clients have good things to say, then chances are they are qualified to to represent an injured worker. Whether you live in Des Moines, Cedar Rapids, Waterloo, Iowa City, Ft. Dodge, Marshalltown or even outside of the state of Iowa, you should find an experienced Iowa work injury attorney to help you.

Clients often wonder how they can afford to hire an attorney to help with their work injury case. First of all, most qualified Iowa work injury attorneys will provide you with an initial consultation at no cost. Also, most work injury cases are handled on a contingency fee. A contingency fee means that if you do not make a recovery then you will not owe any attorney fees. The attorney being paid is contingent upon you being paid. As part of the contingency fee, if you are currently receiving weekly benefits then the attorney should not charge you any fee on those benefits. Also, if the doctor provided by your employer and/or their insurance company (the company doctor) provides you with a permanent impairment rating your attorney should not take a fee on those benefits. If through the efforts of the attorney you receive more money than the impairment rating given by the company doctor then the attorney will receive a percentage of the additional money you receive. Once again I have seen many clients who were not happy with their prior attorney who had been charging them a fee on benefits that were rightfully theirs. Attorneys who do not routinely handle workers’ compensation cases will sometimes take a fee when legally they should not.

To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order a copy of my FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”. Why offer a Free Book? I have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation. However, quantities are limited so to learn how to avoid costly mistakes and your rights Call Now (800)-850-6617, ext. 511 (24 Hour Message) or go to http://www.IowaWorkInjury.com.

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.

No one likes to think about death, yet it is the one thing we are certain will happen to us. Most people spend their lives working long and hard to provide for their families. Often times people die without the proper planning to ensure their loved ones are taken care of. As attorneys, we see it all the time. If the proper steps are not taken the State will determine who gets your property and a judge may decide who will raise your children.

The most common question for many people is whether they need a will. If you are married, have children or have acquired assets you want to pass on after your death, you need a will. The will is your written document that acts as a set of instructions to direct how your property will be divided and distributed after your death. A will can help you preserve family financial security in several ways. It allows you to designate the persons you wish to receive your property and assets and can eliminate costly legal fees and court expenses.

A will also allows you to choose a guardian of your choice for your minor children and to protect your children financially by creating a living trust for your minor children. If you have a will you can make specific gifts to friends or donations to your church or favorite charities. A will allows you to do many things, but when it comes down to it, a will lets you make your wishes known.

Once a person has made the decision to get a will done, the rest is fairly easy. The time spent deciding who will care for your children and how your assets will be distributed is minimal compared to the stress placed upon your loved ones should you die without a will.

An executor is a person approved by the court to oversee the distribution of the estate property as the testator (the person who made the will who has died) instructs in his/her will. The executor, with the help of an attorney who handles probate matters, generally makes an inventory of the assets of the estate and oversees payment of bills and distribution of the estate property. With an attorney’s assistance, the executor files necessary paperwork to show the court that taxes have been paid or are not due, that claims of creditors have been paid and that beneficiaries have received assets as the testator instructed.

Before you agree to serve as executor, you should discuss with the testator how he/she wants estate matters handled. Ordinarily, an executor who performs his or her duties properly will not be personally liable for debts of the estate. An executor is entitled to a fee for performance of these duties. Some executors decline this fee, depending on the circumstances. You should consult one of our attorneys who handle estate and probate matters if you have additional questions.

The general rule is that absent special circumstances, and employee is not entitled to compensation for injuries occurring off of the employer’s premises on the way to and from work. Farmers Elevator Co., Kingsley v. Manning, 286 N.W.2d 174, 178 (Iowa 1979). However, since Farmers, several decisions have paved the way to a number of exceptions to this rule, what is commonly referred to as “the coming and going” rule. Thankfully, for Mary, our attorneys knew and understood this somewhat complicated law. One of the exceptions is if you are being paid to run an errand. Another exception is if you work from home and are traveling to the office. The exception to the rule that applied to Mary is known as “The Extension of the Premises Exception.” See, Frost v. S.S. Kreesge Co,, 299 N.W.2d 646 (Iowa 1980). In Frost, the injured worked fell outside of her place of employment on a public sidewalk. The Court held that it counted as a work injury finding that “this fall was closely connected in time, location, and employee usage to the work premise itself to entitle Mrs. Frost to the protection of the workers’ compensation statute.” The Court further held that since the employer had exercised control over the sidewalk that it became an extension of the business premise.

Even though Mary was off the clock and not on her employer’s property when she fell, the “Extension of Premise Exception” applied providing her with workers’ compensation benefits. To learn more including the 7 Deadly Mistakes to Avoid if You are Hurt at Work order you copy of our FREE Book entitled “Iowa Workers’ Compensation- An Insider’s Guide to Work Injuries”. Why offer a Free Book? We have represented hundreds of Iowans hurt at work and have seen too many clients make mistakes before they had the “right” information resulting in them losing thousands of dollars. Finally, you can learn about work injuries 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 and your rights Call Now (800)-850-6617, ext. 511 (24 Hour Message) or go to www.IowaWorkInjury.com.

One of the newer scams going around at this time are “debt settlement scams” and promises of easy solutions to debt problems. I’m sure you have all seen the ads on television and many of them deal with the I.R.S., if you owe back taxes, or simply debt collectors.

When the economy gets bad or slows down, the amount of scams increase. You have to remember that there are people who sit around all day long trying to dream-up ways to separate you from your money. Recently we were involved in a matter where a client had sent more than $100,000 to a person in Africa in return for empty promises of receiving millions of dollars.

There are many resources to determine if something that sounds too good to be true is really a scam. If you have access to a computer, the Iowa Attorney General has a website regarding consumer fraud and current fraudulent practices. Also, the local police department and Chamber of Commerce are usually aware of scams currently going around in a community. Also, you can call an attorney and schedule an appointment so you can sit down and discuss the situation with a trusted advisor.

Just remember…if it sounds too good to be true…it IS too good to be true