When injured at the expense of another person's negligence, victims can lawfully receive damages, or compensation, for the harm they suffered by filing a civil lawsuit. This is governed by the personal injury law, which is designed to allow injured victims to be "made whole" again after their accident. When seeking damages for the sustained injuries, the victims must be able to prove the other person was negligent. This requires the victim to prove the following:
- The defendant owed the victim a duty of care.
- The defendant did not follow the owed standard of care.
- The defendant's negligence contributed to the victims sustained by the victim.
- The victim was actually harmed.
Types of Damages
In civil cases, there are two types of damages that may be awarded:
- Compensatory Damages are damages that are paid to the victim(s) to allow them to be “made whole” again.
- Punitive Damages are damages that are solely intended to punish the plaintiff for their actions and are often ordered as a way of discouraging repeat behavior. Punitive damages are not paid to the victim(s), but to the court.
Types of Personal Injury Claims
Personal injury can include a variety of injuries, not only to a person's body but their emotions or reputation. There are many different types of personal injury claims; however, the most commonly filed claims result from:
- Medical Malpractice: Injuries due to a doctor's negligent behavior or medical mistake.
- Auto Accidents: Injuries resulting from a car accident where the injured victim was not at fault.
- Slip and Fall Accidents: Injuries caused by a slip or fall on public or private property. These cases are typically the strongest when the property is unreasonably or unexpectedly dangerous to others.
- Product Liability: Injuries that are suffered due to a product being defective.
- Wrongful Death: When a person's negligence results in a victim's death.
Work With a Skilled Iowa Personal Injury Attorney
Being injured in an accident can be emotionally daunting for anyone. Here at Ball, Kirk & Holm, we understand what you may be going through and want you to know we are here to help. Our team is composed of tenacious attorneys dedicated to getting you the justice you deserve while you take the time you need to recover from your injuries. Let us be your voice.
Contact us today at (319) 220-0416 or visit us online, to schedule a consultation with one of our award-winning attorneys.