Personal injury accidents in Iowa are governed by a combination of Iowa law, municipal laws and federal laws. When someone is physically and/or emotionally harmed due to someone else’s negligence it is considered to be a “Personal Injury.” Iowa law allows an injured party to receive reasonable compensation from the person(s) or company responsible for causing the accident. Damages can include reimbursement for medical bills and lost wages and money to compensate for pain and suffering and disability. VanDerGinst Law can help you get the compensation to which you are entitled.
Often, injury victims try to resolve their claims on their own. This is not advisable. Only an experienced injury attorney can ensure that you are being properly compensated. In addition, it is important that you contact us right away so that the proper investigation can be conducted, the proper information can be given to the pertinent insurance companies and evidence can be secured. NEVER give a recorded statement or sign ANYTHING that the responsible party’s insurance carrier presents to you without contacting us first.
In order for actions to be “negligent,” they must meet three primary criteria: 1) There must be a legal duty between the defendant (the one who did the wrong) and the plaintiff (the injured person), 2) There must be a breach of that duty and 3) Damage must have occurred as a result of that breach. When all of the above three elements are present, a negligence action may be present.
Personal Injury liability can also result from an “intentional act.” An intentional act is one that is deliberately meant to cause injury or harm. This differs from a negligent act which is most often an “accident.”
“Strict Liability” is another form of Personal Injury liability. It means that a party may be responsible or legally liable for damages even when negligence was not involved. This most frequently applies to situations that are, in and of themselves, dangerous. We often see this in the arena of product liability. Manufacturers are responsible to make certain that their products are safe when used as directed. When someone is injured by a product, under the terms of Strict Liability, intent or negligence does not have to be proven. What matters is that the product was defective, and through no fault of the injured party, harm was done.
If you have been the victim of a personal injury in Iowa or are a resident of Iowa, we want to encourage you to take the correct next steps following your injury. First, be sure to seek out proper medical attention. If your injuries require medical attention, they will probably warrant legal attention as well. It is also important to cooperate with the authorities and your own insurance company. However, until you have secured an attorney, do not sign anything or give a recorded or written statement to any opposing party or their insurance company or representative. And remember, most Personal Injury cases have a statute of limitations. This means you, as the injured party, have only a certain amount of time allowed to file a lawsuit.
Contact the Iowa Personal Injury Lawyers at VanDerGinst Law today if you or a loved one has suffered a serious injury or wrongful death on the job or due to someone else’s negligence. Call toll free 888-553-7847 or contact us by clicking here.
Our injury attorneys serve all areas of Iowa including but not limited to: Cedar Rapids and the surrounding areas, Marion, Monticello, Mt. Vernon , Anamosa, Hiawatha, , Vinton, Washington, West Liberty, Mechanicsville, Robins, Shellsburg, Springville, Swisher, Walker, Walford, Ainsworth, Kalona, Keota, Lone Tree, North English, Oxford, Riverside, Solon, Tiffin, Wellman, Center Point, Central City, Ely, Fairfax, Lisbon, Marengo, Mechanicsville, Robins, Shellsburg, Springville, Swisher, Walker, Walford, Urbana, Mount Vernon, Cacade, Belle, Plaine, Benton County, Jones County, Linn County, Johnson County, Iowa City, North Liberty, Tipton, West Branch, Williamsburg, the Quad Cities area, the Dubuque area, the Des Moines area, the Burlington area.