The law allows victims of negligence to take legal action against the at-fault parties in order to recover compensation for their injuries. For example, if someone is injured in a car crash caused by a reckless driver, they have the right to file a personal injury claim against the reckless driver to recover compensation for their injuries.

But sometimes, the victims of negligence are unwilling or unable to take legal action on their own. In this type of situation, family members or friends may want to step in and help their loved one take legal action and hold the at-fault party financially responsible. But, is it possible to file a personal injury case on behalf of a family member or friend?

Typically, the person who has been injured as a result of the defendant‚ is negligence is the only party that is allowed to file a personal injury lawsuit. After all, they are the only ones who are entitled to compensation for their injuries. However, there are several important exceptions to this rule. Here is what you need to know:

Personal Injury Cases Involving Incapacitated Adults

Sometimes, the victim cannot take legal action on their own because they are disabled or incapacitated. In these situations, the court may appoint a friend or family member to act as the conservator of the victim. Once the conservatorship has been established, the legal guardian can file a personal injury lawsuit on behalf of their ward. Becoming a conservator is not easy. First, the friend or family member must file a petition to appoint a conservator with the court. Then, the court will schedule a hearing in the near future to discuss the matter. During the hearing, it is the friend or family member is job to convince the court that a conservatorship is necessary. The requesting party must show that establishing a conservatorship is in the best interests of the incapacitated or disabled adult. If the court grants the request to establish a conservatorship, the conservator can work with an attorney to initiate the process of filing a personal injury lawsuit.

The conservator has the authority to file a personal injury lawsuit on behalf of the victim, however they must ask the court for approval first. In fact, the court must approve all actions related to the lawsuit. This allows the judge to ensure that the decisions being made by the conservator are in the best interests of the victim. For example, the judge will review the personal injury attorney is fee agreements to make sure that the attorney is not trying to take an unfair share of the personal injury settlement.

Personal Injury Cases Involving Minors

Children under the age of 18 are minors, which means they cannot file a lawsuit on their own. Minor children have the option of waiting until their 18th birthday to file a lawsuit against the at-fault party. However, a parent or legal guardian can file a lawsuit on behalf of the injured child before their 18th birthday. The parent or legal guardian would file the lawsuit as a “Next Friend,” which is a legal term used to describe someone who is involved in the legal process, but not a party to the lawsuit.
If the parent or legal guardian of the child files the lawsuit, they are not entitled to the compensation awarded to the injured child.

If the child is seriously injured, the family will most likely need to establish a conservatorship to proceed with the personal injury lawsuit. This is because the law in Iowa requires the establishment of a conservatorship in personal injury cases involving minors if the minor is expected to receive more than $10,000 for their injuries. If an attorney believes your child is case is worth more than $10,000, it is important to initiate the process of establishing a conservatorship as soon as possible to avoid delays. A number of individuals, including the parents, legal guardians, attorney, or other independent parties could be appointed as the conservator.

Finding An Attorney For Your Loved One is Personal Injury Case

Personal injury cases are complex‚especially those involving an incapacitated or minor victim. For this reason, it is in your best interest to hire a personal injury attorney to help with your case instead of attempting to handle it on your own.

Be sure to find a personal injury attorney who has experience representing clients who are filing personal injury claims on behalf of someone else. There are certain procedures and legal matters that are unique to these cases, so you will need an attorney who knows exactly what to expect. The attorney you choose should have a history of successfully recovering compensation for their clients. This way, you know they are capable of winning a difficult personal injury case.

Start looking for a personal injury attorney as soon as you realize you need to take legal action on behalf of your loved one. Most personal injury attorneys offer free consultations to new clients, so it is best to schedule these meetings with several attorneys in your area. This gives you an opportunity to meet a few different attorneys and ask each of them questions about their experience and their practice. After the meetings are over, you should have all of the information you need to determine who is the right attorney for your case.

If you or a loved one has been injured due to the negligent acts of another person, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Let our experienced personal injury attorneys explain all of the legal options available to you and your loved one.
If you choose to take legal action, we will fight tirelessly to recover compensation on behalf of your injured loved one.

It’s unlikely that your personal injury case will end up in court. In fact, it is estimated that about 95% of all personal injury cases are settled before they get to court. But, there is still a small chance that you will have to go to trial. If you do end up going to trial, your attorney will present your case in front of a jury of your peers. This jury will be responsible for determining if you should receive compensation from the defendant, and if so, how much.

It’s up to your attorney to prove that you deserve compensation by using the evidence to create a compelling case that shows the defendant’s negligence caused your injuries. But, the jury gets the final say as to how much compensation you will receive, which leads many plaintiffs to wonder how they make this important decision.

Reviewing Evidence

To calculate some damages, the jury will simply need to review the evidence that was presented in court. For example, the plaintiff’s attorney should have presented the plaintiff’s medical records and expenses to the jury. He should have also provided evidence that shows how much time the plaintiff has missed at work, and how much income he has lost as a result. The jury can ask to review this evidence in detail during their deliberations so they can carefully go through the expenses and add everything up. Of course, this is only done when calculating damages for medical expenses and lost wages since these are the damages that can be proven with receipts and pay stubs. Other damages, such as pain and suffering or loss of enjoyment of life, cannot be calculated using this method.

Listening to Attorneys’ Suggestions

The anchoring and adjustment heuristic theory suggests that jurors may be influenced by how much compensation the plaintiff is seeking. Studies have shown that the more money the plaintiff is seeking, the more he is typically awarded by the jury. Why? According to this theory, the jurors use the amount of compensation that the plaintiff is seeking as a starting point during deliberations. For example, if a plaintiff is seeking $500,000 in damages, the jury may begin deliberations by discussing whether they should award the full $500,000. This is still just a theory, but most attorneys will keep this in mind when presenting their clients’ case to the jury.

Relevant Results

In many cases, the judge will allow the plaintiff’s attorney to introduce the results of other relevant cases to the jury to give them an idea of how much the plaintiff’s case is worth. For instance, let’s say you have sustained a serious back injury in a slip and fall case. Your attorney will research other cases where the plaintiff sustained similar injuries so he can introduce them to the jury. If your attorney shows the jury that other juries have awarded plaintiffs with similar injuries hundreds of thousands of dollars, the jury may be more inclined to do the same. Remember, the jury is made up of people who don’t have a legal background. Therefore, they often rely on information like this so they know they are making the right decision.

Assigning Percentages of Fault

Iowa is a modified comparative negligence state, which means a plaintiff can still recover compensation even when he is partly to blame for his injuries. But, the plaintiff will not be able to recover the full amount that is awarded to him if he is partly to blame. For instance, let’s say the jury finds that the plaintiff is 20% to blame and the defendant is 80% to blame in a car crash case. The jury also determines that the plaintiff should be awarded $100,000 for his medical expenses, lost wages, and pain and suffering. In this case, the plaintiff would only receive 80% of his award, which is $80,000, because he was 20% to blame for the incident.

Once the jury has decided how much the plaintiff is entitled to receive, they must determine if the plaintiff played a role in the crash. If the plaintiff did contribute to the cause of the crash, the jury has to assign fault percentages to both the plaintiff and defendant like in the example above. This will determine whether the plaintiff’s award will be reduced due to the role he played in the cause of the crash.

It’s important to note that in the state of Iowa, plaintiffs cannot recover any compensation if the jury determines they are more than 50% to blame. This would mean that they contributed to the cause of the crash more than the defendant did, so they will not be awarded compensation.

Unpredictable Outcomes

It’s very hard to predict how a jury will react to a case, which is why the at-fault party’s insurance company is usually willing to settle out of court. The insurance company does not want to take a chance that the jury will side in your favor and award you much more than you would receive in a pre-trial settlement. It’s strongly recommended that you consult with your attorney to determine whether you should take your case to trial or accept an offer from the insurance company. Your attorney will weigh the risks involved with going to court and the review the options with you so you can make an informed decision.

If you have been injured because of another person’s negligence, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. Our experienced personal injury attorneys will help carefully review your case to determine what it is worth. We will work tirelessly to help you recover the compensation that you deserve, even if it means taking your case to court.

Anyone who is injured due to the negligent acts of another person should seek legal representation as soon as possible. But, many of these personal injury victims are surprised to discover that finding legal representation is not as easy as it may seem. This is because law firms often refer personal injury victims to other firms instead of handling the case themselves. Why do so many law firms do this? Here are some of the reasons:

The Case is Too Complex

Law firms often refer personal injury clients to other lawyers when the case is far too complex for them to handle. This is especially common with medical malpractice, wrongful death, and product liability cases, since these tend to be among the most complex. When lawyers believe they cannot provide adequate representation to a client because of the complexity of a case, they would rather send them to another firm than damage their reputation with a losing case.

Law firms can also turn away cases if they don’t represent clients in certain practice areas. For instance, a law firm that specializes in car and truck crash cases may not want to represent someone who was injured by a negligent doctor. Law firms that don’t practice personal injury law at all will also send personal injury clients to other firms that are better equipped to handle these cases. For example, a family law firm that typically handles divorce and child custody disputes would not represent clients in personal injury cases.

The Firm is Too Busy

Some law firms get in the habit of taking on any client that walks through the door. Even though the lawyers have every intention of helping all of these clients, they quickly find that it is impossible to do so. Instead of simply cutting some of the clients loose, these law firms make it easier on them to find new representation by referring the clients to another firm.

Contingency Fees Could Affect Compensation

Lawyers that practice other areas of law such as criminal law or family law charge either an hourly rate or flat fee. However, personal injury lawyers work on a contingency fee basis. This means personal injury clients are not expected to pay for legal services unless their attorney successfully recovers compensation. Then, the attorney takes a percentage of the compensation so the victim never has to pay a dime out of their pocket.

This arrangement ensures that all personal injury victims‚regardless of their financial status‚can afford to hire an attorney. This arrangement also ensures that personal injury lawyers do not get paid for their work unless they win the case. Working on a contingency fee basis motivates hardworking personal injury lawyers to aggressively fight for their clients. After all, the more compensation they are able to recover for their clients, the larger the attorney’s share will be. But, working on a contingency fee basis may not be appealing to personal injury lawyers who aren’t willing to put a lot of effort into winning your case. For this reason, law firms may send personal injury victims to other firms so they can focus solely on cases where revenue is guaranteed.

Expenses Associated With the Case

Because personal injury lawyers work on a contingency fee basis, they don’t get paid until the case has been resolved. But as personal injury lawyers prepare your case, they may incur a number of expenses. For example, some personal injury lawyers will need to hire expert witnesses to testify in their clients’ cases. Most of the time, personal injury lawyers agree to cover these expenses upfront as long as they are reimbursed when the client recovers compensation at the end of the case.

A law firm may send you to another lawyer if they realize that there will be a lot of upfront expenses in your personal injury case. Sometimes, the law firm may not think that they will be able to recover enough compensation to cover the expenses, so they don’t want to risk losing the money. Law firms can also make the decision to send you to another firm if they simply don’t have the cash flow to cover the expenses. Instead of presenting a weak case, they refer you to another firm that will be able to spend a significant amount of money to build a strong case on your behalf.

The Location of the Case

The location where the lawsuit will be filed could also affect whether a lawyer will accept your case or refer you to another firm. If your lawsuit will need to be filed in a different state, the lawyer may not be licensed to practice law in that state. Therefore, the lawyer will need to send you to someone who is licensed for that area.

Lawyers from other counties or cities within the state are legally permitted to work on your case. However, they may choose to refer you to another firm if they are not familiar with the local court’s practices. For example, if the lawsuit needs to be filed in County A, but the lawyer usually works in County B, the lawyer may feel that someone who is familiar with County As courts would be better suited for the job. They can also refer you if they are not willing to commute to another city or county in order to represent you in court.

Have you been injured in a crash that was not your fault? If so, contact Trial Lawyers for Justice today to schedule a consultation regarding your case. We don’t refer clients to other law firms, we represent them ourselves. Our experienced personal injury attorneys will fight tirelessly to recover compensation for your medical expenses, lost wages, and pain and suffering.

We all know that mishaps happen, but when it has injured yourself or a loved one, the pain from the injuries is just a fraction of the difficulty it encompasses. The injury itself can cause a host of medical visits and financial expenses, not to mention physical pain. It’s possible the injury has caused an inability to work, perhaps just temporarily, and a lot of emotional strife, too.

Dealing with a personal injury can be one of the most difficult things, as some injuries are drastically life changing. Since every personal injury case is unique, the rules and regulations need to be considered on a case by case basis.

When Can A Personal Injury Case Be Filed?

If you are injured in an incident yourself, you can file a lawsuit or personal injury case against the party at fault. If a child has been injured, their parent can file a case on their behalf (and in some cases on their own behalf as well), but a child under the age of 18 cannot file a claim on their own behalf. There are, however, some situations where an adult child (who is not a minor) can file a case on behalf of their parent. Again, legal counsel can help to navigate the legal rules and statutes pertaining to your specific case.

What’s The First Step?

If you or a loved one has been injured due to the negligent acts of another party, the first thing to do is to seek the appropriate medical treatment, and to so do as soon as possible. This is not only first, but most important. Making sure you are getting any medical needs addressed, and in a timely manner is crucial to your health and well being. Don’t forget that not all injuries may appear right away; keep close attention to your body and for any new or unusual indications that there could be something wrong.

Documentation

For any medical care that comes along with an injury, there should always be documentation so it can be admitted as evidence for your case. Collecting and obtaining the correct documentation ¬†includes retaining receipts for medical care which might include doctor’s visits, x-rays, diagnostic tests, scans or imaging, lab work, prescriptions, and any therapy, or rehab. Keep in mind that there may also be ongoing (future) medical needs, and that this should be taken into account as well when it comes to expenses. Aside from obtaining copies of expenses for medical care, it’s necessary to make reports of the injuries to medical professionals. Having all of your documentation clear and organized will make it easier as you progress along in your case.

Additional Evidence

Further documentation for any personal injury case requires photos and a description of the injury and the incident themselves. If you are able to take photos of the scene of the mishap, this would be helpful too. The scene of the event may include anything having to do with the vehicle(s) or surroundings, and most importantly, the name of, contact and insurance information of the at-fault party in the situation. The incident should also be reported promptly to the police or local authorities.

Having all of your documentation clear and organized will make it easier as you progress along in your case. While documentation of medical expenses and of the incident are key, the psychological impact of the event (and for any caregiver of an injured party) also play a role in the evidence and strength of the case.

Can A Child File A Personal Injury Suit?

According to the law, minors cannot act for themselves in contracting with counsel or filing a lawsuit, which means that a minor child cannot file a suit on behalf of themselves or someone else. A child does have the right, though, to compensation for pain and suffering from an injury or disability in the same way that an adult does. As such, an adult is also entitled to these rights on behalf of their child. For example, a parent whose child got a spinal cord injury from a car crash is entitled to compensation for the expenses they became subjected to (medically, care for the child, missed employment or lost wages, and even psychologically as well). A parent can file a lawsuit or claim on behalf of their child for those injuries, although it’s important to remember that in some states the parent might need to seek the approval of a judge to do so.

One exception where a child can file a case would be if they were an adult child who is filing a case on behalf of their parent, for example. Of course, since each case is unique in nature, the nuances should be discussed with a knowledgeable attorney. If an adult child is named as a power of attorney (by the parent), or is appointed one by the court, then the adult child would be able to file a personal injury case on behalf of the parent.

Another situation where an adult child would file a personal injury case on behalf of their parent could be if the parent was injured and their injuries caused them to be unable to make decisions for themselves, or if the parent was already in such a state at the time the incident occurred. Either way, the adult child would need to seek guardianship of the parent from the courts if they have not already been appointed as a power of attorney to the parent. These appointments are what would allow the adult child to file a case, then.

Making The Best Choice

Again, cases of personal injury are nuanced, complex processes. Consulting with an experienced Des Moines personal injury lawyer will put you in the best position to determine how to proceed with your case. With personal injury cases, attorneys only take a fee if the case has been won, and it is also a responsibility of the personal injury attorney to bear the burden of dealing with the insurance company, who is often the one defending the at-fault party.

Allow an experienced attorney at Trial Lawyers for Justice help you along this arduous journey.

No two personal injury cases are alike, however the steps that each plaintiff must take in order to recover compensation are typically the same. If you have been injured and want to file a personal injury lawsuit, here’s a step-by-step guide of what you should expect:

Hire A Personal Injury Attorney

It’s in your best interests to immediately contact an attorney after you have been injured. The attorney will review the details of your case and determine whether he believes you will be able to recover compensation from the at-fault party. If he believes you have a legitimate claim, he will agree to represent you and work for you on a contingency fee basis, which means he will not be paid unless you recover compensation through a settlement or verdict.

File An Insurance Claim

In most personal injury cases, you will be filing a claim against the at-fault party’s insurance company instead of the individual himself. For example, if you were injured in a car crash, the claim would typically be against the other driver’s insurance company and not the other driver.

After you have filed the claim with your attorney’s help, an insurance adjuster will be assigned to your case. The insurance adjuster is responsible for gathering evidence related to the case, including proof of injuries and property damage, and then negotiating a settlement with you. It’s important that you let your attorney handle the negotiations with the insurance adjuster. Insurance companies do not have your best interests in mind, but your attorney does. He will aggressively negotiate on your behalf to ensure that you do not accept an unfair settlement.

File A Lawsuit

Most personal injury cases can be resolved through negotiations between your attorney and the insurance company. In fact, a very small percentage of cases make it to court. But, you will still need to be prepared to file a lawsuit in the event that you are not able to reach a settlement with the insurance company.

Your attorney can initiate a lawsuit by filing a complaint, which will include details on the injuries you have sustained, how you sustained them, the laws that the liable party has violated, and the damages you have suffered as a result of your injuries. After the complaint has been filed, your attorney will need to serve the defendant with a copy of the complaint so he is aware that you are filing a lawsuit. The defendant will then have a chance to respond to the allegations that you made within the complaint.

Discovery

During the discovery process, attorneys will attempt to gather as much information from the other side as possible as they prepare their case for trial. Some of the most common methods used to collect information are depositions, document production requests, and interrogatories.

If you are asked to sit for a deposition, the other side’s attorney will ask you a series of questions while you are under oath. A court reporter will also be present to record everything that is said. Interrogatories are similar to depositions except they are in written form. During an interrogatory, the attorney will submit a list of questions to you that you must answer under oath. Finally, you may also be asked to submit documents to the other side during the discovery process. This can include medical records, proof of expenses, and any other documentation that you may have that is related to the case.

Pre-Trial Motions

Before the actual trial begins, it’s likely that both sides will file a number of motions, which are formal requests. There are several different types of motions, including those asking to have evidence excluded from the case and those asking for the entire case to be dismissed.

As both sides go through the process of filing motions with the court, it is likely that the defendant will attempt to reach a settlement with you once more. This is because it is very expensive for a defendant to take a case to court, so they may want to avoid doing so at all costs.

The Trial

If you have still not accepted a settlement, a trial date will be set for your case. The trial will begin with both sides making their opening statements, which are used to introduce the case to the jury. Then, each side will have an opportunity to present evidence by calling witnesses to the stand and questioning them. Witnesses can include those who were directly involved in the case such as the plaintiff and at-fault party, those who witnessed the incident, and expert witnesses such crash reconstruction specialists or medical specialists. Both sides will rest their case after they have finished calling all of their witnesses. At this point, each attorney will be able to deliver his closing statements to the jury. Closing statements will highlight the main points of the case so they are fresh in the jury members minds.

Once both sides have finished their closing statements, the judge will instruct the jury to begin deliberating. Deliberations are completely confidential, so you will not be able to hear what the jury is discussing as they decide on the verdict.

The Verdict

At the end of the trial, the jury will return with a verdict. The jury will either rule in favor of the defendant, which means you will not recover any compensation and may be ordered to pay the defendant’s attorneys fees, or he will rule in favor of you, the plaintiff. If the jury rules in your favor, the defendant will be ordered to pay you a specific amount of compensation for your medical expenses, pain and suffering, and more.

Now that you know exactly how a personal injury lawsuit works, take the first step today by contacting an attorney. If you have been injured due to another person’s negligence, contact Trial Lawyers for Justice today to speak to one of our Des Moines personal injury attorneys and schedule a consultation regarding your case.