Iowa Personal Injury Lawyer
Have you been injured?
If you have suffered a personal injury, you may be entitled to compensation for your injury. Legal responsibility, called “liability, revolves around the simple fact that most injuries happen because someone was careless or “negligent.” Even if you believe that you may have partly caused your own injury, in most states you can still get some compensation from anyone else who was also careless and partly responsible for your injury.
There are several factors that affect the potential success and value of a personal injury claim. Factors include the ability to prove the fault of another for your injury and the nature and extent of your injuries. If you suspect you may have a legal claim, you should contact an attorney for an evaluation of your care. Personal injury attorneys are experienced with cases like yours, and can tell you at the outset whether it is worthwhile to pursue legal action. If you are unlikely to prevail, your attorney will tell you so and you will not incur the expense of pursuing an unpromising claim. To determine what your claim is worth, an attorney will consider and advise you of the things for which you are entitled to compensation.
Fees will be discussed at the initial conference, based on either an hourly rate or a percentage of the recovery.
Personal Injury - FAQs
Q: I was recently injured in an accident, but I don't have the money to pay an Iowa personal injury lawyer to bring my case. What can I do?
A: In personal injury cases, we will agree to take your case on what is known as a contingency fee basis. This means that if you were to recover damages, we would receive a percentage of the total recovery, usually 1/3. In the event that you do not recover any damages, you would not owe us any legal fees. If we accept your case on a contingency fee basis, you can be fairly certain that we believe your case has merit.
Q: I'm concerned that I have waited too long before bringing my case. How quickly must I bring my case before it is too late?
A: A "statute of limitations" is a rule of law that requires the victim to take action to settle a case, or bring it into court within a certain period. In Iowa, this period is typically two years. Failure to take action within the statute of limitations can result in a valid claim being lost.
Q: I was severely injured in an accident in which the other party was at fault. As a result of my injuries, my family has suffered tremendously. Is there any way to compensate them for their loss?
A: Yes. Iowa courts recognize that when a husband, wife, mother, or father is injured, the family suffers due to the special relationship that exists between husband and wife, and between parent and child. This is called loss of consortium and it is compensable under Iowa law. When this special relationship is harmed due to the fault of another, the law requires full compensation for that loss.
Q: I was recently in an auto accident in which the other driver was at fault. The other driver did have insurance, but it was inadequate to cover my damages. Do I have any other recourse?
A: Yes. Under Iowa law, the doctrine of vicarious liability allows an injured party to sue not only the negligent party, but also other parties that may be held legally liable for the accident. For instance, if the driver was not the owner of the vehicle, the owner could also be held liable if certain conditions are met. If the driver was an employee and acting in the course of his or her employment, the employer could be held liable. There are numerous avenues that we can explore to provide you with compensation.
Q : I was recently injured in an accident, and the insurance company asked me to disclose any prior medical problems. Why is this important?
A: Any prior injury or medical condition is relevant in determining the extent of your injuries in an accident. Lay persons sometimes fail to disclose prior conditions because they believe that if they reveal the prior injury or condition, that they will be denied medical care or compensation needed as a result of the accident. The best policy is to provide full and complete disclosure of any prior injuries or conditions. Any time you withhold information from your doctors, insurance companies, or from us, you risk harming your case to a much greater extent than you would have by revealing the information.
Q: I was involved in an accident. A few days later, an insurance company contacted me requesting that I provide a recorded statement and a signed patient waiver allowing the company access to my medical records. Should I give them information this early in the claim?
A: Providing information to the insurance company is usually a reasonable action for an injured party to take. However, you should know your rights and understand that providing information does not require you to give a recorded statement or to sign a patient waiver. The problem with giving a recorded statement so early in your claim is that you have not given yourself or your doctor's adequate time to realize the full extent of your injuries. The same problem exists with regard to releasing your medical records. Because of this, it is prudent to simply give the insurance company a truthful and straightforward statement. Do not go on record, and do not release your medical records just yet. The insurance company will have plenty of time later on in the case to obtain this information.
Q: What is a fair amount of compensation for pain and suffering resulting from my accident?
A: There is no mathematical formula to rely on. Under Iowa law, pain and suffering is determined by arriving at an amount that fully and fairly compensates the victim for that loss. For example, a lifetime of pain and suffering is more compensable than a shorter period of pain and suffering. Similarly, intense pain and suffering is more compensable than pain that creates only minor discomfort. As attorneys, we often look to case law to find cases similar to your case to determine an appropriate demand for compensation.
[ BACK TO TOP ] |
