Serious and life-changing accidents happen every day, and most of them could have been avoided had people been more careful. If you have been injured due to someone else’s mistakes, then Iowa civil law allows you to seek compensation from that party. Ball, Kirk & Holm in Iowa City is here to help you do just that.
Our team of Iowa City personal injury lawyers is backed by decades of collective legal experience and a long history of incredible case results. Insurance companies big and small know our name, as do local law firms, courtrooms, and other professionals in legal circles. Let our reputation for greatness lead the way on your personal injury claim today.
On This Page:
- Cases We Handle
- Elements of a Personal Injury Claim
- Damages You Can Pursue
- What Personal Injury Lawyers Do
- When to Contact a Lawyer
- Personal Injury Statute of Limitations
- How Much It Costs to Hire an Attorney
- What If You Were Partially At Fault?
Excellent Casework, Each & Every Time
How and why were you hurt? Let us know what happened and we can let you know what should be done next in pursuit of maximum compensation. Thanks to our extensive legal experience, we are able to handle all the most common and complex forms of personal injury claims filed in Iowa City.
Give us a call at (319) 220-0416 if you need assistance with a claim involving a:
Four Elements of Personal Injury Claims
Although most accidents can call for a personal injury claim, not all do. There must be four examinable elements to the situation that justify it as a personal injury claim or lawsuit.
The four elements of all valid personal injury claims are:
- Duty of care: The defendant must have owed a duty of care to the claimant or plaintiff. As a member of society, you owe a general duty of care to everyone around you, and they owe it back to you. Essentially, you must not act negligently or maliciously if it would mean putting someone in danger.
- Breach of duty: The defendant must have done something to breach the duty of care that you were owed. A breach of duty is usually exemplified as something that the average reasonable person would not do, such as driving drunk.
- Injury: The breach of duty carried out by the defendant must have been the direct cause of the claimant’s injury. If the cause is not clear or established through evidence, then the claim will falter.
- Damage: Lastly, and perhaps the easiest element to prove, the injury suffered by the claimant must have resulted in damage, like medical bills and lost wages. In rare cases, a claim can be brought if the injury only results in abstract damages, like emotional trauma, pain, and suffering.
Damages You Might be Able to Pursue
The financial damage owed to you from the defendant is the foundation of your personal injury claim. While getting a sense of justice from winning a claim is great, knowing that you will be financially stable after a serious accident is arguably much better for most clients. We want to secure every single penny owed to you by examining as many insurance policies as possible that apply to your case.
Your injury claim could end with you being provided money to help pay for:
- Medical bills
- Missing wages
- Property damage
- Pain and suffering
- Permanent disfigurement
- And more
What Does a Personal Injury Lawyer Do?
A personal injury lawyer is an indispensable ally when you've suffered a personal injury in Iowa City due to someone else's negligence. They understand the complexities of personal injury law, the procedures and paperwork involved, and how to ensure that their clients receive the compensation they deserve. These attorneys stand up for you, dealing with insurance companies, managing the legal proceedings, and advocating for your rights in court, if necessary.
Services Provided by Personal Injury Attorneys
- Evaluation of the Case: They assess your case, understanding the extent of your injuries, the circumstances leading to them, and determining the viability of your claim.
- Collection and Analysis of Evidence: Personal injury lawyers collect all necessary evidence that supports your claim, including medical reports, witness testimonies, accident reports and more. They then analyze this evidence to build a strong case.
- Negotiation with Insurance Companies: They negotiate with insurance companies on your behalf, ensuring you receive a fair settlement. They understand the tactics insurance companies often use to minimize payouts and will counter these effectively.
- Legal Advice and Guidance: They provide legal advice throughout your case, explaining your rights, the legal procedures involved, and the potential outcomes of your case.
- Representation in Court: If your claim cannot be settled out of court, your personal injury lawyer will represent you in court, fighting for the highest possible compensation.
- Contingency Fee Basis: Most personal injury lawyers work on a contingency fee basis, meaning you only pay if they win your case. This approach ensures access to legal representation for everyone, regardless of their financial situation.
When Should You Contact a Personal Injury Lawyer?
Not every accident requires a lawyer. If you were involved in a minor fender bender with no injuries and your insurance has agreed to cover the damages, there's no reason to hire a lawyer. However, not every case is as straightforward. You may want to consider hiring an injury attorney if:
- You are being blamed for the accident even if you were not at fault
- Your insurance is refusing to offer a fair settlement
- You are unfamiliar with the legal process and how to pursue a personal injury claim
- You have suffered significant damages and are facing large expenses as a result
- Your injuries prevent you from giving your case the attention it requires
Ultimately, hiring an injury lawyer should be something that suits your best interests.
If you are unsure about whether or not you should hire a lawyer, contact Ball, Kirk & Holm to discuss your situation in a free consultation. We can help you decide!
What is the Statute of Limitations for Personal Injury in Iowa?
It's important to keep in mind the statute of limitations for the state you are filing your claim in. A statute of limitations is a time limit intended to prevent individuals from bringing a lawsuit against someone too long after the incident occurs. In Iowa, injury victims may bring a personal injury lawsuit against another party for up to 2 years after the date of the accident. Failure to file your lawsuit in time may mean your case will be dismissed. This is why it's important that you hire an injury lawyer as quickly as possible following your accident. 2 years may sound like a long time, but there is a lot of work that must be done before filing a lawsuit.
How Much Does It Cost to Hire a Personal Injury Lawyer?
To make pursuing compensation simple and stress-free, our personal injury attorneys in Iowa City offer free initial case consultations that don’t require you to sign anything. If you want to keep looking for a law firm to represent you after meeting with us, or if we both decide that your case is not a right fit for our firm, then you won’t have to pay a dime and you won’t break any sort of legal contract.
Also, we are proud to offer contingency fee agreements to our personal injury clients. With a contingency fee, you only pay our attorney fees if we win your case by ending it with an award or settlement in your favor. There is virtually no risk in pursuing compensation when you allow us to assist or represent you.
Can I Make a Personal Injury Claim If It Was Partially My Fault?
The short answer is "Yes." Even if you are found to be partially at-fault for the accident that caused your injuries, you may still be able to pursue compensation. This is because Iowa is one of several states that follow the "Comparative Fault" law, which allows individual's to recover compensation for accidents in which they are less than 50% responsible. However, your settlement may be reduced according to your level of responsibility. For example, if you were found to be 10% at fault for a car accident, your settlement may be reduced by 10%. If you aren't sure how responsible you were for your accident, reach out to our team of Iowa City injury lawyers today! We can help you figure it out.
Real Clients, Real Stories
"My experience with Ball,Kirk & Holm was awesome."Terry D.
"Eashaan is a fighter! This law firm won’t disappoint!"Shea R.
The teamwork at Ball, Kirk & Holm were very informative & in constant contact.Russ, Personal Injury Client