Personal Injury law in Iowa City, IA encompasses situations wherein a person has suffered physical and/or emotional injury under a variety of circumstances. Under those circumstances the injured party may be entitled to compensation from the responsible party.
Often the responsible party is a person or business that has caused injuries through negligence, carelessness, recklessness or intentional actions. Negligence actions have three primary elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and damage must occur because of that breach. When all three elements take place, a negligence action may be present.
Personal injury liability can also occur as the result of intentional acts. An intentional act is one designed to cause harm or injury, as opposed to a negligent act, which is typically an “accident”.
Another form personal injury liability is known as “strict liability”. Strict liability means that a party may be legally liable for damages even though negligence was not involved. This is usually applied to situations which are in and of themselves abnormally or inherently dangerous. This concept also occurs in the area of product liability. Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product, under the terms of strict liability they do not have to prove intent or negligence, only that the product was defective through no fault of their own and that harm was done.
If liability is established for an Iowa City personal injury the responsible party must pay for damages the victim incurred. “Damages” is the term for anything owed to compensate for loss. Damages can be agreed upon between parties. That is called a “settlement”. Damages for a personal injury may include medical bills, lost wages, out of pocket expenses, pain and suffering, disability and a variety of other items.
If you have been the victim of a personal injury in Iowa City, IA be sure to seek proper medical attention. Cooperate with the authorities and your own insurance company. If your injuries warrant medical attention they likely warrant legal attention as well. Do not sign anything or give a recorded statement to any opposing party or their insurance representative until you have secured an attorney. Most personal injury cases are covered by a statute of limitations, which means that you only have a certain period of time in which you can file a lawsuit.
If you or a loved one has suffered an injury in illness or death, in Iowa City or anywhere else in Iowa, that seems to have been someone else’s fault, call our law firm VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If one of our Iowa City Personal Injury Attorneys agrees to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. So please call right away to ensure that you do not waive your right to possible compensation.
