Iowa Personal Injury
If you have suffered a personal injury as a result of an accident occurring in Iowa, and the accident was caused by the fault of another, then you may be able to receive monetary compensation. The recovery is intended to reimburse for damages, such as past and future medical bills, past and future lost income, and pain and suffering.
Types of Personal Injury Cases in Iowa
The legal field of personal injury refers to emotional, mental, and physical injuries that occur to a persons' body and health that were caused by negligence of another party. Personal injuries occur along a continuum of severity, ranging from a mild or lesser extreme on one end of the spectrum to a debilitating, severe, and devastating extreme at the opposite realm. Mild personal injuries might be a sprain, strain, or contusion, while severe injuries can involve disfigurement, paralysis, or even, tragically, death. It is important to note the personal injury field does not provide for compensation or recovery for damages or harm sustained to real or personal property, such as a home or vehicle.
Personal injuries can happen in a number of ways. Often, they are caused by the following, among other causes:
- car accidents
- motorcycle accidents
- trucking accidents
- pedestrian accidents
- nursing home abuse or neglect
- fires and explosions
- wrongful death
- environmental and toxic torts
- medical malpractice
- premises liability
How Is Fault Determined in Iowa Personal Injury Cases?
In order to collect monetary recovery in a personal injury case in Iowa, the state's laws mandate that a litigant must establish the defendant was negligent. More specifically, the plaintiff must demonstrate the following elements for a case to be successful:
- Duty. The party who caused the harm or injuries (defendant) had a legal responsibility or duty not to cause injury or harm to the plaintiff.
- Breach. The defendant failed to meet the legal responsibility or duty to not harm or injure the plaintiff.
- Causation. The defendant's breach of legal responsibility or duty did actually cause injury or harm to the plaintiff party, and there is a causal connection or nexus between the breached duty and ultimate resulting injury.
- Damages. The plaintiff suffered damages or harm as the ultimate result of the accident at issue. The harm can take the form of physical injury, financial loss, or other forms of damage.
Iowa Has Adopted the 51 Percent Bar Rule in Negligence Law
Like 20 other U.S. states, Iowa Courts have adopted and follows the 51 percent bar rule. Under this rule, the injured party is not permitted to receive a recovery if he or she is 51 percent or more at fault for his or her injuries. However, if the plaintiff is 50 percent or less at fault, he or she can recover damages. Note, though, the plaintiff's ultimate recovery is reduced in accordance to proportion of fault for the accident.
Find a local Iowa personal injury attorney today
Whether you live in Des Moines, Cedar Rapids, Davenport, Waterloo, Dubuque, or elsewhere in Iowa, a personal injury attorney can assist in presenting and evaluating legal options, alternatives, remedies, and potential sources of recovery. If an Iowa personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.