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Why Are Medical Malpractice Cases So Hard to Prove?

Traffic crashes are an unfortunate reality of operating in and around the roadways of Iowa. Thousands of people across this state are injured or killed each year in traffic collisions, and even those in minor car crash cases may have to contend with uncooperative insurance companies and instant financial hardship.

At Trial Lawyers for Justice, our skilled and experienced team is ready to help when you need a car crash attorney.  We practice in Iowa, which this article is based, but we also practice in much of the United States.

If you or a loved one has been injured in a car crash, please contact us immediately to discuss your case. We will investigate your claim in order to pursue the justice you deserve, and the maximum possible compensation you need for your damages.

Why Choose Trial Lawyers for Justice?

Trial Lawyers for Justice is a personal injury law firm that provides exceptional representation for those that have been seriously injured in a car crash.

  • We believe that every client deserves to be fairly compensated, and we will not settle your case for less than what you deserve. Our team will go to trial if that is what it takes to ensure you receive compensation.
  • We have a history of success handling these cases, obtaining more than $1.5 billion in total verdicts and settlements. This includes securing a $131 million verdict for the victim of a car crash in which the driver was over-served at a restaurant/bar.
  • We take car crash cases on a contingency fee basis. This means that our clients will only pay legal fees after we secure the compensation they deserve.

Why Do You Need a Lawyer for a Car Crash?

An attorney is highly recommended for all car crash cases, regardless of their severity. Securing a claim for a car crash can seem like a relatively simple procedure, but multiple complications can arise that require the expertise of an experienced legal professional.

An attorney is especially crucial if you have been injured enough to require medical care and attention. Having to negotiate with at-fault parties, take care of any paperwork, and other legal affairs can be incredibly stressful and difficult while you should be focusing on healing and recovery. A car crash lawyer conducts all your legal affairs on your behalf so that you can prioritize your health and wellbeing above everything else.

Additionally, a lawyer can negotiate on your behalf with insurance companies and any other at-fault parties who are accountable for your damages. Often, these parties may opt for a quick settlement offer to avoid a hard fight in the courtroom. However, these settlements typically do not take your damages into consideration and are usually much lower than what you are entitled to. An attorney can recognize these lowball offers and advise you accordingly so that you receive the maximum possible compensation for your needs.

Ultimately, a lawyer can act as your trusted legal counsel, ensuring that you make the right decisions when securing the compensation you deserve.

How Can Trial Lawyers for Justice Help?

Car crash cases can become incredibly complex, especially when dealing with aggressive automotive insurance carriers. At Trial Lawyers for Justice, we have the resources available to give your case the attention it deserves. This includes:

  • obtaining all evidence necessary to prove liability, such as video and photo surveillance from the scene, statements from eyewitnesses, reports, and more
  • filing any and all paperwork necessary for your legal proceedings
  • negotiate with other parties on your behalf
  • fully determine the value of your case to ensure you are receiving the compensation you deserve
  • take your case to trial if it means securing the compensation you deserve

Your attorney will ensure you receive the utmost care throughout every aspect of your case, addressing all of your needs as they arise.

Common Causes of Car Crashes 

Using Iowa as an example, according to data available from the Iowa Department of Transportation, there were 56,670 total traffic collisions during the latest reporting year across the state. Out of these incidents, there were over 18,000 injuries and 319 total fatalities.

Unfortunately, the vast majority of these car crashes occur due just a few common reasons. These include:

  • Distracted driving. Using a phone is often the most common form of distracted driving that is talked about it is illegal to text, send emails, or use your phone and/or electronic device while you are driving. While that is a serious issue of driver safety, it is also important to consider other forms of distracted driving that Iowa drivers engage in. Eating and drinking while driving, listening to loud music, and even having disruptive passengers are considered an equally dangerous form of distracted driving.
  • Impaired driving. Driving while under the influence of drugs and alcohol is expressly against the law in Des Moines, and for good reason: in 2016, nearly 20% of all fatal crashes involved a driver who was intoxicated, and many of them had prior arrests for driving drunk.
  • Reckless driving (speeding, failure to stop, failure to yield, etc.). Failing to follow the basic rules when driving is commonly seen in newer, teenaged drivers, but even seasoned drivers have bene known to break rules when behind the wheel.

Common Injuries in Car Crashes

Car crashes can result in a number of different types of injuries. These include:

  • Broken and dislocated bones
  • Traumatic brain injuries
  • Spinal cord damage with possible paralysis
  • Internal organ damage or internal bleeding
  • Severe lacerations
  • Whiplash injuries
  • Concussions

Even if you do not exhibit any pain or symptoms, it is highly recommended to seek medical attention immediately. The adrenaline rush of a crash can result in you seemingly feeling fine, only for the pain and injuries to surface days, or even weeks, later. A medical evaluation can pinpoint any injuries before you even feel pain, ensuring that you do not potentially neglect a serious injury.

Aside from the physical injuries in these cases, car crash victims can also suffer from emotional and psychological injuries. This can include feelings of anxiety, depression, or post-traumatic stress disorder (PTSD).

What Negligence Laws Exist in Iowa?

You are allowed to file a car crash claim in Iowa because it is an at-fault state, any parties which are liable for a crash are therefore financially accountable for any resultant damages.

However, it is important to consider the laws of negligence when pursuing compensation in a car crash claim. In many instances, car crashes are often not solely the fault of one party.

Therefore, Iowa is a modified comparative fault state. Under this law, you may be entitled to compensation as long as you do not share the majority percentage of liability with the other party.

Iowa follows the 51% rule: If your percentage of fault does not reach 51%, then you may have legal grounds to pursue the other party for compensation. In addition, the modified comparative fault law also means that your portion of damages is reduced by the percentage of fault you have in the crash. For example, if you are found to be 15% at fault for the crash, you may be legally entitled to compensation, minus 15% of the damages.

At Trial Lawyers for Justice, we can advocate for the minimum possible liability on your behalf. Much of determining liability in an crash is dependent on the case for or against it. We can help effectively argue that you were at minimum fault for your crash so that you can receive the maximum possible compensation for your needs.

How Long Do I Have to File a Car Crash Claim in Iowa?

It is important to note that Iowa has a strict time limit deadline to file car crash claims. Commonly called a statute of limitations, this deadline means that you only have within a certain time window in which your claim is considered valid.

In Iowa, you have two years from the date of your incident to file a claim against the at-fault party. In instances where a wrongful death occurred, you have two years from the date of the person’s death.

How Much is My Case Worth?

In the aftermath of sustaining an injury or property damage in a car crash caused by another driver, victims may be entitled to recover various types of compensation. While the total amount of compensation available will vary depending on the specifics of each particular case, the team at Trial Lawyers for Justice regularly helps clients obtain the following:

  • Recovery of all crash-related medical bills
  • Lost income and benefits if a victim cannot work
  • Loss of personal enjoyment damages
  • Pain and suffering damages
  • Property damage expenses
  • Possible punitive damages in cases of gross negligence or intentional actions

When calculating the possible damages you may be able to recover, it is crucial to consider any long-term expenses you may require. For example, although your immediate medical expenses must be compensated, you may also need to think about any future medical expenses you will incur as a result of the crash. This can include follow-up appointments, prescription medications, surgeries, and rehabilitation sessions.

We can help you fully determine the value of your case by taking all of these circumstances and factors into consideration, ensuring you receive the maximum possible compensation you deserve.

Contact Us Today

If you or a loved one has been seriously injured in a car crash, please contact us immediately to discuss your case. We are committed to lending our help and support for you during this difficult time, and we want to pursue the compensation you deserve for your injuries. Contact us for a free consultation of your case by calling 866-854-5529 or emailing us today.

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