It was found by the National Center for Health Statistics that in 2017 there were over 31 million injuries and 162,000 deaths that occurred from unforeseen injuries in the United States. To add to this, the National Traffic Safety Administration (NHTSA) reported that there were over three million injuries and 40,000 deaths from motor vehicle accidents alone.
Unfortunately, many of these accidents could have been avoided if it wasn’t for the negligent actions made by others. Whether it’s a distracted motorist injuring you in an accident or an employer who didn’t implement appropriate safety measures, the negligent party to your injury should be held responsible. If you or someone you know sustained a bodily injury because of another’s negligent actions, then it’s imperative you seek experienced legal representation.
Personal Injury Attorneys in West Des Moines, Iowa
Did you suffer from a severe injury because of another’s person’s carelessness or recklessness? Are you now stuck with extensive medical bills and missing work because of this event? If so, then it might be the right idea to get in touch with the attorneys at McCarthy & Hamrock, P.C.. We can assess your situation and determine if you qualify possible legal compensation.
The personal injury attorneys at McCarthy & Hamrock, P.C. will take the time to learn every aspect of your case to see if a settlement is possible. If it is, then our attorneys will negotiate with adjusters, collect evidence and represent you in court if necessary. To call us dial (515) 279-9700 and schedule your first consultation free of charge.
McCarthy & Hamrock, P.C. represents people throughout the West Des Moines metropolitan area including Ankeny, Altoona, Perry, Waukee, Miniburn, De Soto and Johnston.
Overview of Bodily Injuries in IA
- How to Get Compensation for Your Injuries in Iowa
- Damages Recovered in a Personal Injury Case
- Types of Bodily Injuries
- Additional Resources
How to Get Compensation for Your Injuries in Iowa
Personal injury is a sect of law where a plaintiff claims their “person” was hurt by an act of recklessness or careless of another, also known as negligence. In a legal setting, the term “person” refers to any injury to someone’s mind, body or emotional state. In a personal injury case, the plaintiff’s goal is to prove their injury was caused by the defendant’s negligence.
What is negligence regarding personal injury law? It’s when a person fails to behave with the same level of care that a reasonable person would if they were in the same situation. It can include both actions made by someone as well as inactions. For example, you can be deemed negligent for driving recklessly if you injured another person. However, you can also be considered negligent for omission of actions such as not conducting regular maintenance on a building or failing to implement adequate security measures.
You can file a suit for your bodily injury if the following events occurred:
- The respondent owed a legal duty of care to you;
- They breached that duty intentionally or by being grossly unaware;
- You suffered and sustained an injury because of that breach; and
- You have viable proof that the defendant’s breach caused your injury
The term “duty of care” is essentially when the defendant is expected to perform certain actions in a specific scenario. If the defendant fails or intentionally doesn’t perform their duty of care, then that breach could cause injury. There are several ways to determine if a defendant has a duty to act, including but not limited to:
- The defendant created the risk or engaged in the creation of the risk that ultimately causes you to sustain an injury;
- The defendant voluntarily decided to protect you from harm;
- The defendant is aware or should know their conduct could hurt others; or
- There is a business or personal relationship such as owner and customer, innkeeper and guest or landlord and tenant
If you’ve established these elements, then you have a standing to sue the responsible party. You can file a demand letter to them and if it’s rejected then you can turn the case to mediation or court. It’s imperative you understand that personal injury cases have a deadline. You cannot file a claim against someone if two years have passed since the date of your injury.
Damages Recovered in a Personal Injury Case
You will often hear the term “damages” when you’re filing a personal injury suit. The term damages refer to any losses you’ve sustained since the injury. They can include both emotional losses such as pain and suffering and financial losses including medical bills and lost wages.
If you win your personal injury suit, you may recover the following damages:
- Past, present, and future medical expenses
- Past lost wages
- Future lost wages
- Permanent disability
- Pain and suffering
- Mental Anguish
Types of Bodily Injuries After an Accident
Depending on the circumstances, facing an injury after an accident can be overwhelming. You may have sustained cosmetic injuries such as lacerations or contusions or you may be juggling with interior harm such as brain or spinal damage. Both cases involve serious medical treatments, possible physical therapy and require a whole lotta cash to recover.
Some types of bodily injuries seen in a personal injury suit can include:
- Broken bones;
- Lacerations and contusions;
- Neck and whiplash injuries;
- Severe burns;
- Soft tissue injuries like gashes;
- Spinal cord injuries;
- Internal bleeding;
- Permanent disfigurement;
- Facial injuries;
- Traumatic brain injuries; or
- Health complications from malpractice
Guide to Iowa’s Civil Court Procedure – Visit the official website for Iowa’s Judicial Branch to learn more about their court procedures for civil cases including personal injury. Access the site to learn the steps to a civil trial, the different civil law categories and other information.
Liability in Tort – Comparative Fault – Visit the official website for the Iowa Code to learn more in detail about comparative fault in a personal injury case. If you share some of the blame for the injury alongside the negligence party, then the court may believe you share some fault. Learn more about comparative fault, how it works in automobile crash cases, how it affects your settlement and other related information.
West Des Moines Lawyers for Bodily Injuries in Iowa
If you or someone you know has sustained a bodily injury because of another’s negligence, then we implore you to contact McCarthy & Hamrock, P.C.. Our lawyers are extremely passionate about defending people who were injured by negligence and want to hold the responsible parties accountable in court. Don’t wait another day for compensation you deserve and call McCarthy & Hamrock, P.C..
We will sit with you, discuss the case in detail and determine if you qualify for compensation. You can visit our offices in West Des Moines, but we practice throughout the greater Dallas County and Polk County area in Iowa.