If you’ve been seriously injured in an accident due to someone else’s negligence, you have the right to seek compensation for all the costs and harm you’ve suffered. To pursue this action under Iowa law, you’ll need to file a personal injury claim. In this article, we’ll break down the key terms and concepts of personal injury law in Des Moines, including:
- What liability and damages mean, and why they matter in serious injury cases.
- Why your personal injury case might end in a settlement or go to trial.
- How legal concepts like the burden of proof and the statute of limitations impact your claim.
What Is A Personal Injury Claim?
In everyday language, a personal injury claim is your way of asking the person who caused your injury to cover your medical bills, lost wages, and other costs related to the accident. If someone else’s reckless or careless behavior caused your injury, they (or their insurance company) can be held responsible for paying what you’re owed.
What Does Liability Mean In The Context Of Personal Injury Law?
Liability is just a legal word for responsibility. In other words, it’s about determining who is at fault for causing your injury. If one or more people are to blame, they are “liable” for what happened.
In Iowa, liability works under a rule called “contributory fault.” This means you can still receive compensation as long as you’re less than 51% responsible for the accident. However, if you do share some blame, the amount you can receive will be reduced by your percentage of fault.
All in all, determining liability is really about figuring out who is responsible and how much they should pay.
What Are Damages, And What Types Can I Claim In A Serious Injury Claim In Iowa?
“Damages” is the legal term for all the harm, costs and losses associated with something, such as a serious accident with severe injuries.
There are several different categories of damages that you can claim compensation for in an Iowa personal injury case, including:
- Medical expenses, both past and future
- Mental and physical pain and suffering, past and future
- Loss of function, past and future
- Loss of earnings or income, past and future
- Loss of property
- Under certain circumstances, you can even claim punitive damages depending on the circumstances of the case, notably if there was intentional or reckless behavior.
There are also some other smaller, less frequent types that can come up on a case-by-case basis. Overall, the idea is to capture and calculate the total cost and loss you endured as a result of your injury – because that is how much you are owed and can claim in your personal injury lawsuit.
Attorney Gary Kendell is a seasoned Iowa lawyer who has helped countless clients through difficult personal injury and wrongful death claims. With over 28 years of experience reaching fair settlements or courtroom victories, and has a particular talent for making the process accessible for individuals and families without legal experience.
More questions about the personal injury claim process in Iowa? Need to file a claim after a serious accident? Contact Gary Kendell today to schedule an initial consultation.
Call For A Free Consultation - (515) 205-1922
What Is The Difference Between A Trial And A Settlement?
A personal injury claim can end in two main ways: through a settlement or a trial.
Settlement
A settlement happens when both sides agree on an amount that the responsible party will pay you. This can be done through direct negotiations with the other party’s attorney or insurance adjuster, or through mediation, with both sides working toward a compromise.
Settlements often provide a quicker resolution and can be less stressful than going to trial. However, it’s important to understand that once an agreement is reached and signed, the case is over, and you cannot ask for more money later.
Trial
If a settlement can’t be reached, the case goes to trial. During the trial, a judge or jury will hear both sides, determine who is responsible for your injuries, and decide how much compensation, if any, you should receive.
Along the way, you have to keep in mind that trials carry risks—there’s always a chance the judge or jury could decide you are not entitled to any compensation or that the other party is not at fault.
The key difference is that a settlement allows you more control over the outcome, while a trial leaves the decision in the hands of the court. Because both options have their pros and cons, it’s best to work with a skilled attorney who can help you decide which is the best path for your case.
What Does The Burden Of Proof Mean For My Serious Injury Case?
The burden of proof refers to the level of evidence needed to establish a legal claim. In Iowa, personal injury and wrongful death cases use the preponderance of the evidence standard. This is the threshold that jurors must use to decide in your favor.
It’s important to understand that the burden of proof in a personal injury case is different from that used in criminal cases. In criminal trials, the government must prove guilt beyond a reasonable doubt, which is a much higher standard.
However, in civil cases like personal injury or wrongful death claims, the standard is lower. The preponderance of the evidence means that the facts and evidence you present only need to tip the scales slightly in your favor.
To imagine what that means, picture the metaphorical scales of justice, balancing the facts and the evidence; if the case and your evidence tip the scales just enough to make those move in your favor, you have a preponderance of the evidence.
This lower standard means you don’t need overwhelming evidence, just enough to show that it’s more likely than not that your claim is valid. This distinction is crucial when preparing your case, as it shapes the strategy for proving your claim and recovering damages.
Attorney Gary Kendell is a seasoned Iowa lawyer who has helped countless clients through difficult personal injury and wrongful death claims. With over 28 years of experience reaching fair settlements or courtroom victories, and has a particular talent for making the process accessible for individuals and families without legal experience.
More questions about the personal injury claim process in Iowa? Need to file a claim after a serious accident? Contact Gary Kendell today to schedule an initial consultation.
Call For A Free Consultation - (515) 205-1922
What Are Statutes Of Limitations, And How Do They Affect My Personal Injury Claim In Des Moines, Iowa?
The statute of limitations is the amount of time you can take to initiate a court case. If you fail to file your personal injury claim before the statute of limitations expires, you lose the right to do so at all.
For personal injury cases in Iowa, in almost all cases, the statute of limitations is two years from the date of the incident that caused your injury or your loss.
For example, if you had a vehicle accident on March 3rd, 2022, March 3rd, 2024 would be your statute of limitations date. By that date, you’d have to file a lawsuit or otherwise settle the case, or you would lose your right to do so.
Why Is It Important That I Understand The Personal Injury Claims Process?
Having a basic understanding of the personal injury claims process is crucial to ensuring you know what to expect and what a reasonable outcome looks like. Without this knowledge, it’s hard to tell the difference between a fair resolution and a truly good result for your case.
There are several reasons why it’s important to familiarize yourself with the process:
- You’ll be better equipped to evaluate the risks involved in your case.
- You’ll have a clearer sense of how to assess the value of your claim and what factors could influence the outcome.
- It helps you make informed decisions about whether to settle or go to trial.
Personal injury cases often involve many moving parts, and having a clear grasp of the process can make a big difference in how you approach your claim. This is also why having a skilled attorney by your side is so important. A good attorney will not only advocate for you and work to secure the best possible outcome but also ensure that you understand every step of the process.
At our firm, we see our work with clients as a partnership. We’ll guide you through each phase of your case, explaining what we’re doing and why. We believe clear communication is key, which is why we’re always available to answer your questions and keep you informed throughout the process.
Do You Have Questions Or Need To Make A Personal Injury Claim?
For more information on Personal Injury Claims In Des Moines, Iowa, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (515) 205-1922 today.
Attorney Gary Kendell is a seasoned Iowa lawyer who has helped countless clients through difficult personal injury and wrongful death claims. With over 28 years of experience reaching fair settlements or courtroom victories, and has a particular talent for making the process accessible for individuals and families without legal experience.
More questions about the personal injury claim process in Iowa? Need to file a claim after a serious accident? Contact Gary Kendell today to schedule an initial consultation.
Call For A Free Consultation - (515) 205-1922
