Any time you’re in a car crash with damage to yourself, your vehicle, and/or someone’s personal property, you’ll be placing a claim. If you’re responsible for that crash, your auto insurance company pays settlements to others and, most likely, repairs or replacement of your car. What if it’s not your fault? The same process applies. You file a claim against the other driver’s auto insurance.

You’ll be reimbursed for the cost to replace or repair your car. Your medical bills are covered by insurance. You can also get paid for the time you miss from work or school. Payments for your pain and suffering are also included in most settlements.

Things to Do at the Scene

After you’re in a vehicle crash, you or someone at the scene will call the police. You may not see a lot of damage to your car. It’s best to call the police and get a report started. The smallest amount of damage can be far costlier to repair than you might expect.

While you wait for police to arrive, take photos off the damage to any vehicles and personal property like fences and mailboxes. If you’re badly injured, you can usually get photos from the police later.

You should also ask to see a doctor. Again, you might feel fine, but shock after a crash often gets adrenaline racing. That adrenaline can mask pain. It’s best to be seen and learn there is nothing wrong than discover you have serious injuries hours later.

The Crash Investigation

Police will do their investigation and issue a police report. The insurance company will also investigate. They will look at the damage to your car, the crash scene, your medical reports and bills, the police report, witness statements, and the crash location.

In addition to those pieces of evidence that are used to determine the settlement amount, the insurance company often consults with crash reconstruction experts and engineers who can determine if road conditions or malfunctions in a vehicle were partially or fully to blame.

An appraisal of your car’s value is calculated. The value may be based on the cost to repair the car to its state prior to the crash or the Kelley Blue Book value at the time of the crash. The question for the insurer is if it’s cheaper to repair or replace your car.

If you’re going to have to replace your car or get it repaired, you’ll likely need a rental car in the interim. The cost of a rental car may also be part of the insurance claim.

Finally, the insurance company will find out how much time you had to miss. If you needed a week of rest after a head injury and missed five days of work, that will be considered. If you missed a day of college classes, the cost of the classes is also tallied.

The Settlement

When the insurance company has looked over all the evidence, you’ll often be offered a settlement. If you accept it, you’ll be asked to sign paperwork releasing the driver and insurance company from future claims.

What happens next depends on the actual ownership of your car. If you hold the title, you’ll have to turn that over to the insurance company if the car was declared a total loss. You receive your payout when you present the title. After that, you’ll be rushed to use that money to get a replacement car.

If the car is being repaired, the insurance company may pay the mechanic directly. If you were able to drive your car after the crash, you may get the check and have it repaired at your convenience.

If there was still an active loan or lease on the car, the financial institution is part of the process. If the car is being repaired, the repairs have to be made, so you’ll never see the money. If the car was totaled, the insurance payoff is given to the bank to pay back the remainder of the loan or lease.

Is the Settlement Offer Ideal?

Sometimes, it’s not to your advantage to deal directly with the insurance company. Don’t rush to get the money. It may not be the best offer in your situation.

You could have injuries that require years of medical care. Traumatic injuries can lead to PTSD that requires months and even years of counseling. The amount you’re offered in the settlement may not be enough to really replace the car you’ve just lost. This is when you need to talk to a law firm that specializes in personal injury lawsuits.

Isn’t it in your best interest to talk to a trial lawyer? Remember that another driver’s auto insurance company is working for the other driver. You may be offered a fair car crash settlement, but it’s not always the case. Insurance companies may offer a low-ball settlement to see if you’ll take it.

A free consultation with a personal injury lawyer helps you be certain the settlement is in your best interest. Talk to the experienced legal team at TL4J to be sure you’re getting the full compensation you deserve.

Traumatic brain injuries can be devastating for victims and lead to life-long disabilities and tremendous medical expenses. If you or a loved one have sustained a brain injury caused by another person’s negligence, the team at Trial Lawyers for Justice is ready to help. Let our Cedar Rapids traumatic brain injury attorneys investigate your case so we can secure the compensation you deserve.

Trial Lawyers for Justice has gone up against Mayo Clinic and won in the past. We obtained a positive verdict for one client, Patricia Moore, which was later upheld by an Iowa District Court, of $400,000 in past and future pain and suffering damages against Mayo Clinic Health System and the Winneshiek Medical Center. We know exactly what to expect and how to give our clients the best odds of winning their cases.

How Many Years Do You Have to File a Medical Malpractice Claim?

Every state restricts how long an injured patient has to bring a medical malpractice claim against a physician, another health care worker or a hospital. The law giving this deadline is the statute of limitations. In Iowa, a patient has no more than two years after the date of malpractice or injury discovery to file.

If you live in California, the statute of limitations is either one year of the date of discovery or three years of the date of malpractice whichever is shorter. Contact a lawyer long before your deadline approaches to make sure you bring a valid claim. If you try to file after the expiration of your statute of limitations, the courts in your state will most likely dismiss the case.

Contact a Mayo Clinic Medical Malpractice Lawyer Today

At Trial Lawyers for Justice, we are passionate about advocating for the rights and best interests of injured patients. We take pride in standing up against companies such as Mayo Clinic on behalf of patients. We give injured victims a voice during insurance claim negotiations and medical malpractice trials. Our attorneys work hard to ensure the fair and proper treatment of medical malpractice clients by insurers and judges.

Do not hesitate to contact us if you believe Mayo Clinic is guilty of medical malpractice that injured you or took a loved one’s life. We respond promptly to both phone calls and online contact requests. Call (866) TL4J-LAW (854-5529) today.

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.

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.