Following a personal injury, it can be challenging to adapt to the new physical restrictions of your recovery. You may have hospital or doctor’s bills—a financial stressor made worse by time away from work. Finally, dealing with the emotional consequences of knowing your accident was caused by the carelessness of another can leave you despondent. Fortunately, a personal injury lawyer can help you take action. By filing a civil suit against the at-fault party, you could recover damages for your injuries. The process can be challenging, however—between investigating your case, filing paperwork on time, and even negotiating a fair settlement with the insurance company. Let our Des Moines, Iowa personal injury lawyer review your case.
Bringing in a Personal Injury Claim: What You Must Know
Personal injury refers to the full range of physical damages you are likely to suffer in an accident. Most personal injuries are minor but severe ones can occur as well. Injuries are sometimes identified as temporary or permanent, or total and partial, in relation to the limitations these may impose on your work performance or ability to look after yourself. Personal injuries may include:
- Back, spinal cord, or lumbar injury
- Broken or fractured bones
- Brain injury
- Lacerations
- Burns
- And others
Personal injury law, sometimes known as tort law, is a subset of civil law that serves to protect you when you or your property is damaged by someone else’s action, and in some situations, inaction. At the very heart of personal injury law are negligence and damages: if you wish to file a successful claim, you must prove that another party acted negligently, resulting in your damages.
Des Moines IA Personal Injury Lawyer
And what can filing a claim help you with? When you suffer personal injuries due to the negligence of another party, filing a claim allows you to seek monetary compensation, also called damages, from the at-fault party or group of parties. The extent of damages that you can recover in a personal injury action is largely determined by the nature and extent of the injuries or losses that you have suffered. In the past, personal injury claimants have been successful in filing claims for damages of both economic and non-economic nature. Among them may be:
- Medical bills, including emergency fees and bills for ongoing treatment
- Temporary or permanent disability
- Property damages
- Pain and suffering
- Loss of income
- Loss of enjoyment of life
- Punitive damages
Often, it can be complicated to determine the true value of your personal injury claim. This is why speaking to a trusted doctor not only allows you to get appropriate treatment for your injuries but also get a better idea of your total medical costs. With your cost of treatment as the cornerstone, it is possible to strengthen your claim with our experienced personal injury and car accident lawyer in Des Moines prepared to engage in the process of civil discovery.
How to Prove Negligence in a Personal Injury Case
Negligence forms the cornerstone of every personal injury case in Iowa. To win compensation in your lawsuit, you will need to present clear evidence that another party’s actions or lack of action directly led to your injury. Your attorney from Monge & Associates can help you prove the four elements of negligence:
- Duty of Care: The defendant had a legal responsibility to act in a way that would prevent harm to others. For example, drivers must follow traffic laws and property owners must maintain safe premises.
- Breach of Duty: The defendant failed to fulfill their legal obligation by acting carelessly or failing to act when necessary. This could include running a red light or ignoring hazardous conditions on their property.
- Causation: The defendant’s breach of duty directly caused your injuries. Your attorney must prove that your injuries would not have occurred if the defendant had acted responsibly.
- Damages: You suffered losses because of your injuries, including medical bills, lost wages, pain and suffering, or other measurable damages that can be compensated.
To prove these elements, your attorney will gather and present compelling evidence from multiple sources. For example, your medical records can document the extent and severity of your injuries while establishing a direct link to the accident. Statements from witnesses can establish the series of events leading to the accident, while police reports detail any violations or citations issued at the scene.
Steps to Take After Suffering a Personal Injury in Des Moines
Following the right steps after an injury can protect both your health and legal rights. Immediately following the accident, take the following actions:
- Ensure Your Safety: Move to a secure location if possible and assess your immediate surroundings for additional hazards. In motor vehicle accidents, relocate to the shoulder if it is safe to do so.
- Document the Scene: Take photos and videos of the accident site, your injuries, and any relevant conditions that contributed to your injury. This evidence can help prove the circumstances surrounding your accident and establish liability.
- Seek Medical Care: Visit a healthcare provider immediately, even if your injuries seem minor. Not only it is important to get treated, but your medical records will establish a link between the accident and your injuries.
- Gather Information: Collect names, contact details, and insurance information from all involved parties. Obtain contact information from witnesses who may have seen the accident happen.
- Record Your Experience: Keep a detailed journal documenting your pain levels, limitations, and how the injury affects your daily life. Write down the physical and emotional impacts, as well as any financial strains.
- Protect Your Rights: Avoid discussing your case with anyone except your doctor and attorney. Never post about your accident on social media or accept early settlement offers without consulting with a lawyer.
- Contact Legal Representation: Reach out to a Des Moines personal injury attorney as soon as possible. They will protect your interests and help you take the first steps toward seeking compensation.
Contact Monge & Associates for a Free Case Consultation
If you were involved in an unexpected accident, do not let your injury derail your life or drain your savings. At Monge & Associates, we’ve helped thousands of clients nationwide recover the compensation they deserve for medical bills, lost wages, and pain and suffering. Your recovery is our priority. Contact our Des Moines personal injury lawyers at (515) 461-6335 for a free case evaluation and learn how we can help protect your rights.