Proving a Personal Injury Claim
While some accidents are truly unavoidable, most could have—and should have—been prevented. When people are negligent or act outside the law, they can cause serious bodily injury and harm to others. The same is true of manufacturers, businesses, and other entities that fail to take reasonable steps to protect the public from coming to harm.
In order to bring a personal injury claim in Iowa, you must prove the following elements:
- You Were Owed a Duty of Care: This essentially means that someone else had a legal responsibility to take reasonable precautions to prevent you from being injured. For example, a motorist has a legal responsibility to follow traffic laws and do everything possible to avoid a collision. This is the duty of care motorists owe to others on the road.
- The Duty of Care Was Breached: When someone fails to uphold their legal responsibility to prevent you from being harmed, they have breached the duty of care. An example of this would be a motorist who drives drunk. Not only is this against the law, it also places others at serious risk and is a clear example of negligence.
- As a Result, You Were Injured: You must show that you were injured and that you were injured because of the breach of the duty of care. In other words, you have to prove that you would not have been injured had the other person/party upheld the duty of care.
- You Suffered Measurable Damages: Lastly, you must show that you sustained “measurable damages,” meaning you experienced certain losses as a result of the incident and/or your injuries. These damages do not necessarily need to be financial in nature; you may be able to recover for non-economic damages, such as pain and suffering.
If you are unable to prove even one of these elements, you will almost assuredly be unable to file a claim and seek compensation for your losses. To learn more, contact Ball, Kirk & Holm, P.C. and speak to one of our Waterloo personal injury attorneys today about your rights and legal options.
What Damages Are Available in Personal Injury Cases?
“Damages” is a legal term that describes the various losses—economic and otherwise—a person typically suffers after being injured. Damages vary from case to case depending on a variety of factors, including the nature and severity of the injuries, whether the victims is able to return to work or is disabled, the cost of emergency medical care and ongoing treatment, and more. That being said, most victims are able to recover certain damages by filing a personal injury claim.
These damages typically include:
- Emergency medical treatment
- Ambulance and hospital fees
- Ongoing treatment and care costs
- Medical devices and equipment
- Rehabilitation therapy
- Future medical expenses
- Lost income/wages
- Lost future earnings
- Lost or reduced earning capacity
- Pain and suffering
- Counseling services
- Emotional distress
- Lost or reduced quality of life
Additionally, in the event that a person dies as a result of someone else’s negligent or wrongful actions, certain surviving family members may be eligible to receive wrongful death damages. These damages may include costs associated with the deceased’s final medical treatment, funeral expenses, loss of love and companionship, lost income, lost inheritance, and more.
There Are No Fees Unless We Win Your Case
If you have been injured, you may be worried about the cost of litigation. At Ball, Kirk & Holm, P.C., we take personal injury cases on a contingency basis. This means that we do not collect any attorneys’ fees unless you recover compensation for your injury. In the unlikely event that we do not secure a settlement or verdict on your behalf, you do not owe us a dime.
Contact Us Today for a Free Consultation
If you were injured or if your loved one was killed as a result of another person or party’s negligent actions, do not wait to contact Ball, Kirk & Holm, P.C. to discuss your legal options during a free, no-obligation consultation. In the state of Iowa, you only have two years from the date of the accident (or death) to file a claim. If you fail to bring a claim within this two-year statute of limitations, you will not be able to recover compensation for your damages (except in extremely rare circumstances).
When you turn to Ball, Kirk & Holm, P.C., you get an entire team of dedicated attorneys and legal professionals fighting for you. We are committed to doing everything we can to help you get the compensation you deserve so that you can get back on your feet.