Injured By Negligence in Altoona, IA?
If you have been injured in an accident caused by negligence, you may be wondering how to recover your entitled compensation. Unfortunately, the at-fault party or their insurance company will do whatever it takes to deny liability or give you the lowest settlement offer possible, which is why it is imperative to hire a skilled personal injury attorney to protect your rights and help you obtain the most favorable outcome in your case.
At Hope Law Firm, our dedicated team of Altoona personal injury lawyers specializes in helping individuals who have been injured due to the negligence or wrongdoing of others. We understand the physical, emotional, and financial toll that a personal injury can have on your life, and we are here to fight for your rights and seek the compensation you deserve.
For a free consultation with our team, call (515) 298-5056 or contact us online.
What is Personal Injury?
Personal injury refers to any physical, emotional, or psychological harm or damage suffered by an individual as a result of the negligent, reckless, or intentional actions of another person, entity, or organization.
Here are some common types of personal injury cases:
- Car Accidents: These cases involve injuries resulting from automobile collisions, whether it's a car, truck, motorcycle, or other vehicles. Negligent driving, such as speeding, drunk driving, or distracted driving, is often the cause.
- Slip and Fall Accidents: Also known as premises liability cases, these occur when someone slips, trips, or falls on someone else's property due to hazardous conditions like wet floors, uneven surfaces, inadequate lighting, or lack of warning signs.
- Medical Malpractice: These cases arise when a healthcare professional, such as a doctor, nurse, or hospital, provides substandard treatment, leading to injury, misdiagnosis, surgical errors, medication mistakes, or birth injuries.
- Product Liability: If a defective or dangerous product causes injury or harm to a consumer, a product liability case may be pursued. This can include defective automobile parts, malfunctioning medical devices, dangerous toys, or contaminated food products.
- Workplace Accidents: When a worker is injured on the job due to unsafe working conditions, inadequate training, or employer negligence, they may be eligible to file a workers' compensation claim or, in some cases, a personal injury lawsuit against a third party.
- Dog Bites: If a person is bitten or attacked by a dog, the owner may be held liable for the resulting injuries. Dog bite laws can vary, but liability may be based on the owner's negligence, a violation of a leash law, or knowledge of the dog's aggressive tendencies.
- Wrongful Death: When a person's death is caused by the negligence or misconduct of another party, the surviving family members may bring a wrongful death lawsuit. This can arise from car accidents, medical malpractice, workplace accidents, or other situations.
Personal injury cases typically involve the injured party, referred to as the plaintiff, seeking compensation for their damages from the party or parties responsible for causing the injury, known as the defendant(s). The goal of personal injury law is to provide the injured person with legal remedies and financial compensation to help them recover and restore their physical, emotional, and financial well-being to the extent possible.
Iowa Personal Injury Laws
Iowa follows a modified comparative fault rule. This means that if you were partially at fault for the accident or injury, your compensation may be reduced in proportion to your level of fault. However, if you are found to be 51% or more at fault, you may be barred from recovering any compensation.
To prove a personal injury case in Iowa, you generally need to establish the following elements:
- Duty of Care: You must show that the defendant owed you a duty of care. This means that the defendant had a legal obligation to act in a reasonably safe manner to prevent harm or injury to others. The specific duty of care depends on the circumstances of the case. For example, drivers have a duty to follow traffic laws and operate their vehicles safely.
- Breach of Duty: You must demonstrate that the defendant breached their duty of care. This means that the defendant failed to meet the expected standard of care, either through negligent or intentional actions. To establish a breach, you need to provide evidence that shows the defendant's actions or lack of actions fell below the required standard.
- Causation: You need to prove that the defendant's breach of duty directly caused your injuries or harm. This involves demonstrating that, without the defendant's actions or negligence, you would not have suffered the injuries you did. It is essential to establish a clear link between the defendant's actions and your injuries.
- Damages: You must provide evidence of the actual damages you suffered as a result of the defendant's breach of duty. This can include medical bills, lost wages, property damage, pain and suffering, emotional distress, and other related losses. It's important to document and gather evidence of your injuries and their impact on your life.
In a personal injury lawsuit in Iowa, various types of damages can be sought to compensate the injured party for their losses and injuries. There are two types of damages: economic and non-economic damages.
Economic damages refer to tangible financial losses that can be objectively calculated and quantified, such as medical expenses, property damage, lost wages, etc. On the other hand, non-economic damages refer to the physical pain, discomfort, and emotional distress experienced by the injured party due to the injury (e.g., pain and suffering, emotional turmoil, loss of enjoyment in life, etc.). It takes into account the severity and duration of the pain and the impact it has on daily life and overall well-being.
Our Firm is Ready to Help You
Navigating the complexities of personal injury law in Iowa can be challenging, especially when dealing with insurance companies and their legal teams. Having a skilled personal injury lawyer on your side can greatly increase your chances of obtaining fair compensation.
With 125 years of combined experience in personal injury law, our attorneys have the expertise necessary to navigate the complexities of your case. We have successfully represented countless clients in a wide range of personal injury matters. You can trust that we have the knowledge and skills to effectively handle your case.
Contact us today at (515) 298-5056 to schedule a free consultation.