What Is a Personal Injury Claim in Iowa? | A Guide to Claiming Damages
Those who have been injured in an accident because of the negligence or wrongdoing of someone else may be eligible for compensation. The first step on the road to claiming damages is filing a personal injury claim.
This article aims to provide clarity about personal injury cases to help claimants understand what to expect. Contact Tom Fowler Law for other questions such as What is the average personal injury settlement in Iowa?
What Is a Personal Injury Claim in Iowa?
A personal injury claim is a legal proceeding initiated by a person who has been injured or hurt physically as a result of another party's negligent or wrongful activities.
This claim is filed to obtain compensation for the injuries that have resulted in calculable damages and losses, such as medical bills, lost wages, and more. Personal injury cases in Iowa typically emerge in a variety of circumstances.
Why File a Personal Injury Lawsuit?
Accidents can often cause serious injuries, which often warrant lengthy hospital stays, medical testing, surgical procedures, and more. Medical bills can pile up, and given the victim's inability to work in many cases, this can place him or her under serious financial difficulty.
However, by filing a personal injury lawsuit, victims can recover the damages they suffered and obtain much-needed financial relief.
Filing a claim is also a good way to hold the at-fault party responsible for the part they played in causing the accident and resultant injuries, which can deter them from repeating these actions in the future.
Types of Personal Injury Claims
Personal injury cases arise in many different scenarios. Here is an overview of some of the most common types of personal injury lawsuits:
Car Accident Cases
It's not uncommon to see negligence that leads to serious injuries on the roads. Although the number of auto accident cases is not as high as it used to be in Iowa, the data reveals that car accidents are still a serious cause for concern.
When the at-fault party's insurance company does not offer sufficient coverage for the extent of the damages suffered by the injured party, they may file a lawsuit to recover the remaining losses with the help of an Iowa personal injury lawyer.
Seeking medical care isn't supposed to worsen a patient's condition, but when healthcare workers act negligently, the victim may be able to recover damages by filing a personal injury lawsuit.
Slip and Fall Accidents
If a victim slips and falls, sustaining severe injuries because of the property owner’s, contractor’s, or staff member's inability to remove certain hazards, they can file a personal injury claim against the at-fault party to recover damages.
Product Liability Cases
When a product has a manufacturing defect that results in harm to the user, a personal injury case may be filed against the manufacturer to recover damages.
Property owners have a duty of care to ensure that guests, patrons, and staff members are safe while on their property. Failing to properly address an unsafe condition could land them in hot water.
Iowa is a strict liability state when it comes to dog bites, which means that dog owners can be held responsible for failing to properly restrain their canines.
Who Can Be Held Responsible in Personal Injury Cases?
The truth is that personal injury cases are often complex, which is why it is always best for claimants to obtain counsel from a reliable team of personal injury lawyers in Des Moines. There may be a number of parties that could be held liable when a person suffers serious injury.
Here are some of the parties that are often held liable for damages in injury cases:
The defendant and/or their insurance company
The employer of the at-fault party
What Damages Can Be Claimed in a Personal Injury Lawsuit?
There are a number of different damages that may be claimed in a personal injury claim. These losses are generally divided into two main categories: economic and non-economic damages.
Economic damages are often easy to calculate. They are the verifiable monetary losses that a victim suffers as a direct result of the accident. Here are some of the most common economic damages that may be added to a claim:
Medical expenses can accumulate following a serious or life-threatening injury, and victims do not have to cover these expenses themselves if the accident was the result of someone else's negligence.
Injuries often result in an inability to work. Claimants can obtain proof from their employer to back up their claim for lost income.
In some cases, the accident could result in property damage. Victims may recover the cost to repair or replace these items in a personal injury lawsuit.
In addition to economic damages, victims may also claim non-monetary damages, such as emotional distress, mental anguish, loss of quality of life, and pain and suffering. These damages are often more challenging to calculate, which is where approaching a personal injury lawyer can help.
What Iowa Law Has to Say About the Deadline for Personal Injury Claims
The general rule for personal injury claims is that victims have two years from the date of the accident to file a legal claim for compensation. It's important that claimants pursue the help of a reliable Iowa personal injury attorney as quickly as possible so that they may begin building their case and ensure that they have enough evidence to back up their claim. They can give insight on Damage Caps In Iowa as well.
Hiring an Experienced Personal Injury Attorney in Iowa
Personal injury claims are complex legal affairs that can leave victims feeling overwhelmed. Fortunately, by entrusting the case to an experienced lawyer, claimants can ensure that they have expert guidance and improve the likelihood of securing the maximum compensation for their injuries.
Tom Fowler Law is a trusted family law firm that will do whatever it takes to secure a favorable outcome for injured victims. Those injured in an accident that was not their fault are encouraged to contact Tom Fowler Law to discuss the specifics of their case at a free consultation and case review.