Mason City Personal Injury Lawyer

Accidents are an everyday part of life in Iowa. In many cases, an accident is simply a case of bad luck. But far too often, accidents are the direct result of someone’s action–or inaction–and an innocent person suffers the consequences.

Iowa law provides certain tools that enable victims, and in many cases their families, to seek compensation from those responsible for causing a serious or fatal accident. The most important of these tools is a personal injury claim. And while the prospect of bringing such a claim may seem daunting at first, you do not have to navigate the legal system alone. Our Mason City personal injury attorneys are here to help.

Ball, Kirk & Holm, P.C., has represented personal injury clients since 1958. We built our reputation by providing 24/7 service to each client and working to ensure they receive the best outcome possible for their case. We understand that this is a difficult time for you and your family. And while money cannot repair all wounds, it can help put you on a more sound financial footing as you continue to rebuild your lives.

We Handle a Full Range of Iowa Personal Injury Claims

Most Iowa personal injury cases we handle arise from accidents caused by third-party negligence. Some of the more common examples include:

• Car Accidents
• Truck Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Bicycle Accidents
• Medical Malpractice
• Workers’ Compensation (Workplace Accidents)
• Class Actions

Our firm also handles a number of wrongful death cases. A wrongful death lawsuit is a special type of personal injury claim recognized under Iowa law. As the name suggests, such claims arise when a victim dies as a result of injuries they sustained due to an accident, medical malpractice, or even an intentional act such as homicide. Since a deceased victim cannot file a personal injury lawsuit, the personal representative (executor) of their estate must file any wrongful death claim.

Another special type of personal injury case is medical malpractice. Iowa law requires malpractice victims to follow certain rules that do not apply to other personal injury claims. This includes limits on the amount of compensation they may recover for certain types of injuries and obtaining a “certificate of merit affidavit” from a qualified healthcare provider before filing a lawsuit.

Common Causes of Personal Injuries in Iowa

In a personal injury case, the plaintiff (i.e., the victim) does not have to prove that the defendant or defendants intentionally tried to hurt them. Indeed, the vast majority of Iowa personal injury cases arise from negligence rather than an intentional act. Negligence only requires proof that the defendant acted, or failed to act, in a manner that was reckless or showed a disregard for the basic duty of care that the defendant owed the plaintiff under the circumstances.

Here are a few hypothetical examples of negligence:

• All drivers have a duty to obey the traffic laws and operate their vehicles in a safe manner. So if a driver runs a red light and strikes another vehicle that was lawfully in the intersection, that driver was negligent in failing to obey the traffic laws.
• Commercial truck drivers must follow a number of safety regulations that go beyond what is required of ordinary passenger car drivers. For example, interstate truckers are restricted in their hours of service, i.e., how long they can stay behind the wheel without stopping to rest or take a break. An overtired driver who continues driving beyond the legal hours of service is negligent if they subsequently cause an accident.
• A doctor performing a surgical procedure deviates from the accepted standard of their specialty and makes a mistake that further harms the patient. This is considered medical malpractice under Iowa law.

It is important to note that in the case of workers’ compensation claims arising from on-the-job accidents, an injured employee does not have to prove their employer was negligent. Workers’ compensation is a “no-fault” system. But if an injured worker decided to pursue a personal injury claim against a third party, they would still have to prove negligence.

Common Injuries Sustained in Iowa Accidents

Each accident affects its victim differently. Many people walk away from an accident without a scratch. Unfortunately, when a case comes into our offices, that means the victim has sustained one or more serious injuries. Some of the more common injuries that we deal with include:

• death (in wrongful death cases);
• traumatic brain injuries (concussions);
• spinal cord damage;
• facial injuries, such as scarring or eye damage;
• whiplash;
• bone fractures;
• soft tissue injuries (sprains and strains);
• dislocated joints;
• internal bleeding;
• internal organ damage; and
• psychological injuries, such as post-traumatic stress disorder.

Who Can Be Held Liable in an Iowa Personal Injury Lawsuit?

There is often more than one person or legal entity who may be liable in a personal injury case. For example, if a car accident is the result of negligence by a delivery driver, their employer can be held liable. In medical malpractice claims, the individual providers as well as the hospital or clinic that employs them may be sued. This is why it is important to work with a Mason City personal injury lawyer who can fully investigate your case before bringing a formal claim.

How Our Firm Puts Together a Strong Personal Injury Claim

Obviously, every personal injury case involves a unique set of facts and circumstances. But our overall process at Ball, Kirk & Holm, P.C., largely involve the same basic steps:

• identify the parties who are responsible for your injuries;
• notify the defendant’s insurance companies;
• gather evidence in support of your claim;
• make a formal demand for compensation;
• negotiate a settlement with the defendant’s attorneys and insurance company; and
• if no settlement is possible, file a personal injury lawsuit on your behalf.

In practice, most Iowa personal injury claims are settled. But it is still important to build a strong case in the event a trial is necessary. Our past case results demonstrate the importance of this. Some of our more notable client outcomes include:

• a $3 million settlement in a highway collision accident;
• a $2.35 million confidential settlement in a wrongful death claim; and
• a $1.5 million trial verdict in a medical malpractice lawsuit.

FAQs About Iowa Personal Injury Cases

How long do I have to file a lawsuit?

Iowa has a two-year statute of limitations for most personal injury lawsuits.

What are “non-economic” damages?

This is compensation for losses that cannot be precisely quantified, such as your pain and suffering following an accident. Such damages are often calculated by taking your quantifiable (economic) damages and multiplying them by a certain factor.

Will the defendant’s insurance company pay for all my damages?

In most cases, the insurer is only liable up to the limits of the policy. With respect to car accidents, Iowa law only requires drivers to carry $20,000 in bodily injury coverage per person (or $40,000 per accident).

Can I sue the government if my accident was caused by a state or city employee?

Yes, but there are special rules that must be strictly followed. Personal injury claims against the state or its municipalities are governed by the Iowa Tort Claims Act.

Contact Our Mason City Personal Injury Lawyers Today

Following an accident you will no doubt have many questions about your legal rights when it comes to seeking compensation. We can help provide you with some answers. Call Ball, Kirk & Holm, P.C., today at 319-220-0416 or contact us online to schedule a free consultation. We have offices in Waterloo and Iowa City. Our personal injury attorney is also happy to travel to your location if circumstances allow.