Des Moines Personal Injury Lawyer

Des Moines Attorneys

Bringing a Personal Injury Lawsuit in Des Moines

Accidents can happen in the blink of an eye. Some victims are knocked unconscious, and when they wake up they realize they are facing months of pain. At Ball, Kirk & Holm, P.C., we represent the rights of accident victims who suffer serious injuries due to other people’s negligence. Iowa law gives victims the ability to seek financial compensation for certain damages, but they will benefit from legal help. Call our firm today to find out more. A Des Moines personal injury attorney is available 24/7 and can meet you anywhere that is convenient.

Give us a call at (319) 220-0416 or submit an online contact form to request a free, no-obligation consultation.

A Word from Our Clients

Our Personal Injury Practice

Our firm has helped people injured in all sorts of accidents, including:

• Car wrecks: Iowa law requires that motorists carry liability insurance, which can cover a settlement. Many accidents are caused by distracted, careless, or intoxicated motorists. Let us review whether you can make a claim.
• Truck accidents: Large trucks cause horrifying injuries, and we can sue a trucker, trucking company, or other defendant for your accident.
• Motorcycle collisions: Motorcyclists are vulnerable in a crash and need compensation when careless drivers hurt them. Let us build the case for you.
• Medical malpractice: Our firm has helped clients injured by substandard medical care, including birth injuries, surgical mistakes, and prescription medication errors, among others.
• Pedestrian accidents: Pedestrians can suffer catastrophic injuries in a collision with a moving vehicle. We will fully analyze how much compensation to request on your behalf.
• Bicycle accidents: Cyclists can be struck at intersections or while riding near the shoulder. You deserve compensation, and we will amplify your voice in the claims process.
• Workplace accidents & workers’ compensation: Thousands of Iowans are injured at work each year in accidents or from occupational illnesses. We can help you receive no-fault workers’ compensation benefits and review whether you can bring a third party claim.
• Wrongful death: We represent family members who lost a loved one in an accident or as a result of criminal activity.

Who Can We Sue for Your Injuries?

We will sue whoever has liability for the accident. This is a legal and factual question. For example, we might sue:

• Negligent or reckless drivers who cause motor vehicle collisions
• Mechanics and body shops when shoddy repairs cause a motor vehicle to become unstable
• Employers whose employee injured you while they were working
• Doctors, nurses, radiologists, and hospitals for medical malpractice
• Government agencies for road defects which cause an accident

Who Can We Sue for Your Injuries?

We will sue whoever has liability for the accident. This is a legal and factual question. For example, we might sue:

• Negligent or reckless drivers who cause motor vehicle collisions
• Mechanics and body shops when shoddy repairs cause a motor vehicle to become unstable
• Employers whose employee injured you while they were working
• Doctors, nurses, radiologists, and hospitals for medical malpractice
• Government agencies for road defects which cause an accident

Common Injuries Suffered

Accidents leave innocent people with difficult and disabling injuries, such as:

• Internal organ damage
• Neck sprain
• Head injuries
• Traumatic brain injuries
• Burns, cuts, and abrasions
• Pinched nerves and chronic pain
• Spinal column injuries
• Amputation
• Crush injuries
• Paralysis

These are some of the most serious injuries. Accidents also have a psychological component. Someone injured in a horrifying truck accident could suffer from crippling anxiety, depression, or irritability. They might also be diagnosed with a medical condition like post-traumatic stress disorder. Often, emotional distress requires therapy and prescription medication to help manage.

How We Negotiate Settlements for Clients

At Ball, Kirk & Holm, P.C., our legal team has enjoyed unparalleled success negotiating favorable settlements for our clients. The process isn’t easy—but it is possible to receive compensation when a defendant hurts you.

Here is an overview of the process:

• Rehab and recovery. After an accident, go to a doctor for treatment. If you believe a doctor injured you negligently, then get a second opinion. As you rehab, preserve evidence of the cost of medical care, as well as lost income and property damage.
• Evidence gathering. Once hired, we begin searching for evidence that explains what happened. The police might have found some evidence if they visited an accident scene. We can also talk to witnesses and review physical evidence.
• Analysis of your claim. Once we know what happened, we study the law to see if you can make a legal claim. We also calculate the value of your injuries, paying close attention to how much you receive for emotional distress and pain and suffering.
• Negotiation. This process might take months of back and forth. Eventually, we try to get the other side to agree to a fair amount for your injuries.
• Litigation, if necessary. We might file a lawsuit to preserve your rights, and we can litigate all the way to trial when a defendant refuses to settle.

How We Make Your Case

To win personal injury cases, we need to gather evidence to help show how you were injured. In many cases, each side blames the other. For example, a car might clip a pedestrian. The motorist claims the pedestrian was jaywalking. The pedestrian claims the driver was speeding.

Evidence can help flesh out what happened:

• Third party witnesses. These are people who observed the accident. Ideally, they will not be related to either side in a dispute.
• Video evidence. Some accidents are caught on video. For example, surveillance cameras at a gas station might catch an accident happening right outside.
• Defendant admissions. A defendant might inadvertently admit to making some mistake. For example, a surgeon might admit to leaving implements inside a patient.
• Other evidence. Every case is different and relies on its own evidence.

FAQs about Des Moines Personal Injury Cases

How do you calculate pain and suffering?

Pain and suffering does not have an obvious dollar value, unlike the cost of medical care. Our Des Moines personal injury lawyers use our experience to determine what is generally fair. If your case went to trial, a jury would assign a dollar value based on their everyday experience. We have handled so many claims we know what an insurance company will settle for.

Will anything limit the amount of compensation I receive?

Possibly. Comparative fault (Iowa Code §668.3) will limit your compensation by your share of blame. Someone 33% at fault will receive 33% less. It’s also possible someone who is more than 50% to blame will receive $0.

The defendant’s limited resources might also reduce what you can receive. For example, a drunk driver might carry only the state’s minimum insurance and have few other assets to pay a settlement.

Speak with a Des Moines Personal Injury Attorney Today

The lawyers at Ball, Kirk & Holm are constantly innovating. Contact us to speak about your accident and whether you can bring a successful personal injury claim.

Contact us today for a free consultation by filling out our contact form or calling (319) 220-0416.