Sample Personal Injury Lawyer
Sample Des Moines Personal Injury Lawyer Page
Des Moines Personal Injury Lawyer
If you suffered injuries in an accident caused by someone else’s reckless or negligent behavior, you may feel uncertain about how to move forward. When you have the guidance and support of a high-powered Des Moines personal injury lawyer from ACS Injury Law, you can demand justice and fight for maximum compensation. Prioritizing injury victims and accident survivors’ rights since 1925, our firm is here to support you through every step of the claims process, so contact us to schedule your free consultation today.
Types of Personal Injury Cases We Handle
Our firm handles a wide range of personal injury cases. From motor vehicle accidents to complex medical malpractice claims, we have extensive experience crafting powerful legal strategies for injury victims and accident survivors across Iowa. Here are some of the most common types of personal injury cases we handle and the laws that could have the greatest impact on the outcome of your case.
Motor Vehicle Accidents
Car accidents are among the most common causes of personal injury claims in Des Moines. These include car, truck, motorcycle, bicycle, and pedestrian accidents caused by negligent drivers, unsafe road conditions, or defective vehicles. Iowa’s seat belt laws, outlined under Iowa Code § 321.445, and other traffic regulations play a critical role in establishing liability.
Slip and Fall Accidents
Slip and fall accidents are a type of premises liability case, which holds property owners responsible for maintaining safe conditions. Whether it is a wet floor in a grocery store or icy sidewalks outside a business, per the Iowa Supreme Court, requires property owners to address hazards that could lead to injuries. Victims may be entitled to compensation if the property owner knew or should have known about the unsafe condition and failed to fix it.
Workplace Accidents
Workplace injuries often result in workers’ compensation claims, but they may also involve third-party liability. Iowa law allows injured workers to seek compensation for medical bills, lost wages, and rehabilitation costs through workers’ compensation benefits. However, if a third party, such as a contractor or equipment manufacturer, contributed to your work injury, you may have the right to additional compensation.
Medical Malpractice
Medical malpractice cases involve harm caused by negligent healthcare providers, including surgical errors, misdiagnoses, and birth injuries. Iowa law imposes damage caps on certain non-economic damages in medical malpractice cases under Iowa Code § 147.136A. Our team will need to conduct a detailed investigation and speak with medical experts to show how the provider’s actions deviated from accepted medical standards and caused harm.
Product Liability
Product liability cases involve injuries caused by defective consumer products, dangerous drugs, or malfunctioning auto parts. Manufacturers, distributors, and retailers can be held accountable if their products cause harm due to design flaws, manufacturing defects, or inadequate warnings.
Wrongful Death Claims
Wrongful death claims provide families with a way to seek justice and compensation after losing a loved one due to another party’s negligence or wrongdoing. Under Iowa Code § 633.336, the estate of the deceased can file a claim to recover damages, including medical expenses, funeral costs, and the loss of financial and emotional support. While no amount of compensation can replace your loved one, filing a wrongful death claim can ease the financial burden and hold the liable party accountable.
Dog Bites and Animal Attacks
Iowa enforces strict liability for dog bites under Iowa Code § 351.28, meaning dog owners are held responsible for injuries caused by their animals, regardless of the dog’s history or propensity for violence or aggression. Dog bite and animal attack victims may be able to recover compensation for medical bills, pain and suffering, emotional distress, and every other loss related to the attack.
Understanding the Personal Injury Claims Process in Iowa
The personal injury claims process involves several key steps designed to bring the liable party to justice and recover total compensation for your losses. These steps include:
Filing a claim with the at-fault party’s insurance company. This includes submitting a detailed account of the accident, along with supporting documentation such as medical records, accident reports, and photos. Insurance companies often seek to minimize payouts, so providing thorough and accurate information is critical to building a strong case.
A thorough investigation is crucial to strengthening your claim and proving liability. Your Des Moines personal injury attorney will be responsible for gathering evidence such as accident reports, witness statements, and medical documentation to build a compelling case. We may also consult with experts, such as accident reconstruction specialists or medical professionals, to provide additional insight into the cause of the accident and the extent of your injuries.
Once the evidence is collected, we will begin negotiating with the at-fault party’s insurance company to reach a fair settlement, since Iowa is a fault-based insurance state as outlined in Iowa Code § 668. Having a skilled negotiator handling the insurance company on your behalf ensures lowball offers are rejected, and your settlement accurately reflects the true impact of the accident on your life.
If settlement negotiations fail, we may recommend filing a lawsuit to pursue your claim in court. This generally involves preparing for litigation, including filing legal documents, engaging in discovery, and building a trial strategy. While most personal injury cases settle before trial, being prepared to take your case to court shows that you are committed to demanding justice.
Types of Compensation You May Recover After a Personal Injury in Des Moines
If someone else’s negligence caused your injuries, you have the right to seek financial recovery for the losses you have endured. Compensation may address both tangible expenses, like medical bills, and the intangible impact your injuries have had on your life, such as mental anguish. In some cases, the court may also award damages to penalize exceptionally reckless behavior.
Financial Compensation for Economic Losses
Financial losses, also known as economic damages, cover the direct financial costs associated with your injury. These losses usually include healthcare expenses for necessary medical treatments such as emergency care, physical therapy, and surgeries, as well as future medical needs related to your recovery. Additionally, you may recover compensation for lost income or reduced earning potential if your injuries affect your ability to work, as well as costs to repair or replace damaged property.
Compensation for Emotional and Physical Trauma
Non-economic damages are different. They are designed to address your emotional trauma and the pain you likely experienced both during and after the accident. These include compensation for physical pain and the mental strain caused by the accident, such as post-traumatic stress disorder (PTSD), anxiety, or other trauma.
Penalties for Egregious Negligence
Punitive damages, also commonly referred to as exemplary damages, may be issued under Iowa Code § 668A.1 if the at-fault party acted with extreme recklessness or intentionally caused harm. Unlike other types of compensation, punitive damages are intended to ensure the liable party is held accountable for their gross negligence and potentially deter future similar misconduct. These awards are rare and reserved for cases involving particularly severe negligence or intentional wrongdoing.
Deadlines for Filing a Personal Injury Claim in Iowa
If you were injured in Iowa, you have a limited amount of time to file a personal injury claim. Under Iowa Code § 614.1, you generally have two years from the date of your accident to initiate legal action. Missing this deadline typically bars you from recovering compensation, regardless of how strong your claim may be.
Des Moines Personal Injury FAQ
If you suffered an injury, you likely have questions about how to move forward, what compensation you might recover, and how a lawyer can assist you. Understanding the claims process is an important step in protecting your right to fair compensation. Below, we answer some of the most common questions to help you make informed decisions about your case.
1. How much is my personal injury case worth?
The value of your personal injury case depends on the severity of your injuries, the financial losses you have incurred, and how the accident has impacted your quality of life. While many people who have suffered harm because of another’s reckless actions scour the internet for how much their case may be worth, there is no easy answer. Because every case is unique, the exact details of your claim will contribute to the amount of compensation you might be entitled to.
2. How long will my personal injury case take?
The timeline for resolving a personal injury case varies based on its complexity, the willingness of the parties to negotiate, and whether the case proceeds to trial. Some cases settle within a few months, particularly when liability is clear, while others may take over a year due to ongoing disputes or extensive litigation. Our team can provide a more specific timeline based on the particular circumstances of your case and keep you informed throughout the process.
3. What happens if I am partially at fault for the accident?
Under Iowa Code § 668.3, the state operates under modified comparative negligence laws. This means you can still be awarded compensation for your damages as long as you are less than 51% responsible for the accident. However, your total award will be reduced by your percentage of blame. For example, if you are found 10% responsible, your compensation will be reduced by 10%.
Start Your Personal Injury Claim in Des Moines Today
The trauma of your accident may have had an impact on nearly every aspect of your life, but you do not need to let this experience upend your future. Your top-rated personal injury attorney in Des Moines from ACS Injury Law is here to help you demand maximum compensation for your damages.
Learn more about how much your case could be worth and who could be held accountable for covering your losses when you contact our legal team to request a free consultation. Fill out our quick contact form or call us to get started on your civil lawsuit and insurance claims as soon as today.
**Note: ACS Injury Law is not a real law firm. This is a sample practice area page for a mock law firm website.**
