Personal Injury Lawyers in Iowa

A personal injury lawsuit allows an injured individual to recover compensation after suffering harm due to another’s negligent or deliberate conduct. Most personal injury claims are based on the negligence of the at-fault party. For example, if a speeding or intoxicated driver caused an accident, they failed to take reasonable care to avoid harming the victim. Therefore, the injured victim can potentially hold them to account for damages based on negligence.

Some personal injury cases are based on the concept of “strict liability”. For example, if a person gets harmed due to a defective product or drug, the manufacturer may not necessarily have been negligent. However, they could still be on the hook for a victim’s medical expenses and other costs.

Lastly, if someone commits an intentional act, such as physically assaulting another, the victim could also hold them to account with a personal injury lawsuit.  

Every personal injury case is unique. Therefore, it can be impossible to know how much a case is worth without analyzing the facts. However, if someone else’s conduct caused your accident, you could recover various damages, such as:

• Healthcare costs
• Future medical expenses
• Lost income and future lost earning capacity
• Property damage
• Out-of-pocket expenses

If you suffered significant injuries, you could be entitled to additional so-called non-economic damages for your suffering and anguish. Non-economic damages can include awards for:

• Physical pain 
• Emotional distress
• Reduced life quality
• Disability

In some rare cases, victims can recover punitive damages in addition to compensatory awards. A court may award punitive damages as a deterrent and punishment when a defendant acted particularly maliciously or recklessly.

According to the Centers for Disease Control and Prevention (CDC), unintentional injuries caused emergency department visits totaling $29.4 million in 2017 alone. Accident injuries can be life-changing and financially devastating. However, in order to have a case, another person, corporation, or other party must have caused your accident and injuries negligently or deliberately. 

Some of the most common personal injury claims involve:

• Motor vehicle accidents
• Slips and falls
• Assault
• Work accidents
• Defective products or drugs
• Dog bites
• Medical malpractice
• Nursing home neglect and abuse
• Defamation and slander

Personal injury cases frequently deal with car accidents and slips and falls in Iowa.

Car Accidents 

According to the Iowa Department of Transportation (IOWADOT), car crash deaths increased to 338 in the state in 2020. Countless more individuals are injured every year on Iowa’s roads. If a car accident happens due to negligent behaviors of another, victims and their families could have legal recourse. Negligence can include:

• Driving drunk or under the influence of drugs
• Driving while texting or otherwise distracted
• Speeding
• Violating road laws
• Driving generally aggressively or carelessly 

Sometimes, it can be challenging to prove who is at fault for an accident, particularly when several vehicles are involved or responsibility for the accident is unclear. In such cases, having a dedicated Iowa personal injury lawyer on your side can be essential. 

Slips and Falls 

Slips and falls can have tragic consequences, particularly for the elderly. According to the CDC, falls are the number cause of injury deaths among citizens over the age of 65. 

If a fall was caused by a property owner or manager’s negligence, the victim could sue and recover damages. Negligence can arise when a property owner fails to maintain the premises to an adequate standard or neglects to fix or warn of dangerous conditions. Examples of dangerous conditions can include:

• Wet and slippery floors
• Loose rugs and mats
• Broken or missing lights
• Missing steps or handrails
• Potholes and cracks in sidewalks

Your health and well-being should have utmost priority when you get hurt. However, do not forget to protect your legal rights. One important step after getting medical help can be collecting evidence of the accident and your damages, such as accident reports, medical bills, and receipts for out-of-pocket expenses. Seeking legal advice promptly can be a good idea. An attorney can help determine your legal options and the best course of action.

What Not to Do After Suffering a Personal Injury

Knowing what not to do to protect your rights can be crucial after you suffered damages in an accident. Make sure not to discuss your accident, incident, and injuries with anyone other than your attorney. Under no circumstances should you post any accident details on social media. The at-fault party’s insurance adjusters and attorneys will be looking for ways to discredit your claim or reduce a payout. Social media evidence is permissible in a court of law in Iowa.

Knowing when to file your lawsuit in Iowa can be crucial for recovering fair compensation. On the one hand, you do not want to file too soon. If you suffered significant injuries, filing before reaching full or maximum medical recovery can lead to leaving money on the table. Your doctors may not be able to estimate your future medical costs correctly if you are still recovering.

On the other hand, leaving it too late to initiate legal action can prevent you from collecting any damages. Victims generally have to sue within two years of their accident and injury as per Iowa Code §614.1(2). If you do not sue within the statutory time limit, you could have your case thrown out. 

Since the right timing of a lawsuit can be vitally important, be sure to consult with a personal injury attorney who can advise you accordingly.

There is no way of telling whether your personal injury case goes all the way to trial. However, in most cases, according to the Bureau of Justice Statistics (BJS), personal injury claims are resolved with an out-of-court settlement before it comes to a trial. A trial can be more likely if:

• Fault in your accident or incident is not clear
• You have considerable damages
• The at-fault party’s insurance company denies your claim

If the at-fault party or their insurer resists offering you an adequate out-of-court settlement, a personal injury lawyer can fight vigorously for your best interests in court.

Iowa is a comparative negligence state which means that your compensation could be reduced if you were partially at fault for your accident. If you are more than 50 percent responsible for causing the accident, you will not be able to recover any compensation. However, if your percentage of negligence is under 50 percent, you could still recover compensation even if you were partially at fault. 

Getting what you deserve can be a challenge when you have a degree of fault. The other party, their insurance company, and lawyers will most likely try to blame you for the accident. If it comes to a trial, a judge or jury will determine your percentage of fault. Having a personal injury lawyer in your corner can protect your rights to adequate compensation and ensure fault is assessed fairly in complicated cases.

After suffering a personal injury, victims can be left juggling steep medical bills, health insurance deductibles, and other expenses. While your check can generally take a couple of weeks to make its way through the system, if you hear nothing after three weeks or so, you might want to start tracking your payment. 

You Had a Lawyer Work on Your Case

If you hire a personal injury lawyer, they typically receive the check in the first instance. You can contact your lawyer to find out if they have received the check. Your check could be delayed due to your attorney negotiating with your lienholders, for example, which can delay your payout.  If your attorney has not received the check yet, they can contact the insurance company on your behalf and find out why there is a delay. 

You Did Not Have Legal Representation

If you did not hire an attorney for your personal injury claim, you should take action. In the first instance, contact the insurance company responsible for your settlement and find out why your check is delayed. If you are not getting any answers or are not receiving your check after contacting the insurance company several times, consider seeking legal advice. 

A personal injury lawyer in Iowa could be your best advocate if you suffered injuries and damages due to no fault of your own in the state. Getting full and fair compensation can be challenging. Insurance companies can drag their heels and try to settle for less than what you deserve. In some cases, victims have to file a lawsuit against the at-fault party to try and recover adequate compensation. A personal injury lawyer can assist you in many ways, including but not limited to:

Determining All Liable Parties in Your Case

Determining the at-fault party or parties can be tricky, and there could be several potential defendants in personal injury claims. For example, in a truck accident, the victim could have a case against the driver, the trucking company, a truck manufacturer, and others. Likewise, a doctor, hospital, or even a medical device manufacturer could be responsible for medical malpractice. A personal injury attorney can analyze the facts of the case, untangle complex issues, and identify all liable parties. 

Gathering Evidence to Support Your Case

Although you might know that another is to blame for your accident, concrete evidence is required for holding them responsible for your damages. Our personal injury lawyers can collect crucial evidence proving your case and damages, including:

• Photographs and accident reports
• Medical reports and physician statements
• Eyewitness statements
• Surveillance or traffic camera footage
• Expert witness testimony

Fighting for the Best Possible Outcome for You 

Without a lawyer advocating for you, an insurance company or defendant could minimize or even deny your claim. You might end up settling for considerably less than what you are entitled to. An attorney from our firm can fight for a full and fair settlement that includes all of your damages, including estimated future expenses.

Presenting Your Case Strongly 

Although most personal injury cases are settled out of court, some do end up at trial.  Your attorney will protect your rights and present your case in the strongest terms, fighting for adequate compensation. They can be by your side, guide you through the potentially confusing and intimidating legal process, and fight tirelessly for what you deserve. 

Injury victims and their families have to deal with a lot. We understand that filing a lawsuit may not be your priority if you are still recovering from your injuries. However, the sooner you seek legal advice and guidance, the sooner you could receive compensation that allows you to move on with your life. 

Let Morgan & Morgan’s personal injury lawyers work for you. We handle the legal process while you can concentrate on healing and recovery. You don’t pay anything unless we win. Contact us today to find out whether you are entitled to compensation.