Legal Process in Iowa Workers? Compensation: Why You Shouldn't Wait to File a Petition
By: | Posted: 18th May 2009
In certain cases it is sometimes useless to try to reach settlement with the insurance company. Insurance companies tend to use the pre-negotiation step to find out as much as they can about you, your attorney, and your medical history instead of analyzing the case and trying to come to terms with both parties.
Here are additional reasons why you should file a petition instead of waiting for the insurance company to come around with a respectable offer:
1. Statute of Limitations
From your date of injury you may only have two years to file a petition for arbitration.
Some attorneys wait until the last minute hoping the insurance company will come around with an offer.
It is dangerous to wait until the last minute. Your attorney may get the name of your defendant employer wrong or your attorney might not be qualified to practice in the jurisdiction of your case, then you are left scrambling to find an attorney that can handle your claim at the last minute.
Most attorneys won't accept last minute cases.
If Walker, Billingsley & Bair accepts your case it is because we believe that it has legal merit and that you deserve a trial if we are not able to reach a settlement. We often file a petition regarding your claim before negotiating, because in case negotiations do not work, we will have a trial date in place to head towards.
2. Get your claim moving
Sometimes the insurance company takes extended time gathering information this in turn slows down the process of your claim.
You will no longer have to deal with the insurance company directly. Usually when they hire an attorney the case is handled in a timely manner.
Once you file a petition your claim moves right into the discovery phase. Discovery allows both parties to discover what the evidence will be and what the other side will present at trial. It is a faster way to gather in depth information about the case from both sides.
You will most likely be required to give a deposition which is another form of discovery. You will answer questions from the defense under oath. This gives the other party all the information they need to get the case moving. Your attorney will be able to take the deposition of your employer as well.
Filing a petition can save you wasted effort in trying to settle or deal with the insurance company. Not only will you get your claim moving, but you will are guarenteed a trial date in case you don't settle.
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If you would like to learn more about what you can do to help your case you can request my free book entitled "Iowa Workers' Compensation- An Insider's Guide to Work Injuries" which describes Iowa work injuries including the "7 Mistakes To Avoid If You Are Hurt At Work" Call Now 1-800-707-2552 (ext. 911) (24 Hour Recorded Message) or log onto http://www.IowaWorkInjury.com .
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Tags: negotiations, gathering information, negotiation, defendant, timely manner, jurisdiction, insurance company, medical history, insurance companies, petition, last minute, attorneys, deposition, statute of limitations, arbitration, company insurance