Wrongful Death

Wrongful Death

When a person is injured because of someone’s negligence, that person can file a personal injury claim to recover compensation for his or her injuries and pain and suffering. However, when a person is killed because of someone’s negligence, the surviving family members have the option of filing a wrongful death claim against the responsible parties.

When Can You File A Wrongful Death Claim? If your loved one is killed as a result of negligence, you may be able to file a wrongful death claim. Many wrongful death claims involve:

wrongful death lawyer wins iowaMedical Malpractice
When a loved one passes away because of a doctor’s medical mistake, the victim’s family is able to file a wrongful death claim. Medical malpractice can include failing to diagnose a condition, misdiagnosing a condition, prescribing or administering the wrong medication or the wrong dosage, or making a fatal error during a treatment.

Traffic Crash
Drivers who are distracted by a cell phone, under the influence of alcohol or drugs, or driving recklessly could be held liable in a wrongful death claim if their negligent behavior causes a fatality. Traffic crashes can involve motor vehicles, pedestrians, bicyclists, or trucks.

Construction
Construction workers know there are risks involved with working in this industry, but that doesn’t mean they should have to work in potentially fatal conditions. If a loved one is killed or harmed on a construction site, you may be able to file a wrongful death claim against the construction company, general contractor, property owner, or equipment manufacturer.

Other wrongful death claims arise after someone intentionally harms another person while committing a crime. In this case, the defendant may face both criminal and civil penalties that are completely independent of one another. The outcome of the criminal case would not affect the outcome of the civil case, and vice versa.

Filing A Wrongful Death Claim

Each state has its own laws regarding who is allowed to file a wrongful death claim. In all 50 states, the spouse and minor children of the deceased are able to file a claim. If a minor is wrongfully killed, the parents are able to file a claim in all 50 states as well. However, the states do not agree on whether adult children of the deceased should be able to file a wrongful death claim. Some states do not allow children of the deceased to file a wrongful death claim if they are above a certain age, which is usually set at 25 years old.

Compensation For Victims’ Families

Family members may be able to recover several types of compensation in a wrongful death claim, including:

  • Funeral expenses
  • Medical expenses that were incurred as a result of an injury prior to victim’s death
  • Pain and suffering
  • Loss of expected income (awarded when the deceased was financially supporting members of his family)
  • Loss of companionship
  • Loss of consortium

Compensation is never guaranteed, but you have a much better chance of obtaining it when you have a skilled attorney on your side.

Help For Wrongful Death Victims’ Families

A wrongful death claim cannot replace your loved one, but it can provide you with the financial resources you need to cover expenses and take care of your family as you all grieve together. To discuss your case and available legal options, contact the Trial Lawyers for Justice as soon as possible. Call 866-854-5529 today to schedule a free consultation.

Medical Malpractice

Medical Malpractice

When you think of medical malpractice, you usually think of errors made during a surgery or medical procedure, but there are other forms of malpractice you should be aware of, including misdiagnosis.

Misdiagnosis occurs when a doctor or other medical professional fails to correctly diagnose a patient’s condition. This could mean the doctor says nothing is wrong with the patient, or he diagnoses the patient with the wrong condition. When a victim is misdiagnosed, he will not receive the treatment he needs to recover from his condition, and injuries may occur as a result. Victims of medical misdiagnosis may be entitled to compensation for medical expenses, lost wages, future lost wages, and pain and suffering. To learn about your legal options, contact Trial Lawyers for Justice today.

Causes of Medical Misdiagnosis

MEDICAL MALPRACTICE CASE REGARDLESS OF AGE

Medical professionals are trained to analyze each patient’s symptoms, medical history, and test results to make a diagnosis. Misdiagnosis can occur when a doctor:

  • Does not accurately read test results.
  • Fails to order appropriate tests.
  • Does not perform regular screenings.
  • Does not ask about the patient’s medical history.
  • Ignores the patient’s description of his symptoms.
  • Performs an incomplete physical examination.

Unfortunately, some of the most common conditions that are misdiagnosed are serious, including various types of cancer, brain tumors, head injuries, and heart disease. If these conditions are not treated promptly, the patient could suffer long-term consequences due to the misdiagnosis and delay in treatment.

Medical misdiagnosis often occurs in emergency rooms, where doctors are forced to think and make decisions fairly quickly. This is especially true if a patient comes to the emergency room with an uncommon condition or a condition that usually does not affect his or her demographic. For example, if a teenager and middle-aged man are both exhibiting signs of a heart attack, a doctor may be more likely to diagnose the middle-aged man than the teenager, since teenagers rarely have heart attacks.

Proving Your Case

In order to prove medical misdiagnosis, the victim must show:

  • There was a doctor-patient relationship between the victim and the medical professional accused of misdiagnosis.
  • The doctor acted negligently by not providing appropriate treatment in a timely manner.
  • The victim suffered an injury as a result of the misdiagnosis.

It’s important to note if no injury occurred as a result of the misdiagnosis, you may not be able to file a malpractice claim against the medical professional. For example, if you were told a tumor was benign when it was in fact cancerous, a delay in treatment could have led to this cancer spreading to other parts of your body, and thus causing you harm. In this case, you would be able to prove you suffered as a result of the misdiagnosis. However, if you quickly sought a second opinion and received the proper treatment before any harm was done, you may not be able to sue for misdiagnosis.

Proving negligence can be difficult because a misdiagnosis does not automatically prove the doctor behaved negligently. An attorney will need to carefully review the details of your case to determine whether the doctor acted competently when ordering tests, reading results, and making the diagnosis. You must be able to prove that another doctor would have been able to accurately diagnose you based on your symptoms, test results, and medical history in order to prove you are a victim of medical malpractice.

Legal Assistance for Medical Misdiagnosis Victims

Victims of medical misdiagnosis should not suffer in silence. If you or a loved one have been misdiagnosed by a medical professional, contact the attorneys at Trial Lawyers for Justice to discuss your legal options. Call (866) 854-5529 to schedule a free consultation today.

How Much Do Iowa Personal Injury Lawyers Charge?

How Much Do Iowa Personal Injury Lawyers Charge?

[vc_row][vc_column][vc_column_text]

Although Uber, Lyft and other rideshare companies have dominated the public transportation landscape, they are still figuring out passenger safety and appropriate company protocols — and unfortunately, riders have acted as guinea pigs in real time. Thousands of Uber and Lyft riders have suffered injuries from traffic accidents due to negligent rideshare drivers. Some victims have passed away. Others are still dealing with emotional trauma from rideshare driver sexual assault.

If you or a loved one has injuries from any type of Uber or Lyft accident in Des Moines, Iowa, discuss matters with an attorney from Trial Lawyers for Justice. Our rideshare accident attorneys may be able to help you hold Uber or Lyft accountable. You could recover compensation for your damages. Contact us today for a free initial consultation. Call (866) TL4J-LAW to reach our attorneys directly, 24/7.

Why Hire Trial Lawyers for Justice?

  • Our lawyers live up to our law firm’s name – we are passionate about fighting for justice and fair compensation on behalf of injured accident victims in Iowa.
  • Our attorneys can and will take defendants to trial if that is necessary for top results. We have recovered over $1.5 billionfor clients throughout our law firm’s history.
  • Our Des Moines Uber and Lyft accident attorneys accept clients on a contingency fee basis. We do not charge anything for services rendered unless we recover compensation for the client.

Common Causes of Uber and Lyft Accidents in Des Moines

In a no-fault state, an injured accident victim does not have to demonstrate fault to obtain compensation.

In a fault state, the victim has the burden of establishing negligence. Iowa is a fault state. Although this means you may have to prove someone else’s negligence before you can recover benefits, it also means a better chance of a higher recovery amount. Trial Lawyers for Justice can help you determine and prove fault in your Uber or Lyft accident case.

  • Distracted Uber or Lyft driver
  • Drunk or drugged driver
  • Drowsy driver
  • Speeding
  • Tailgating or aggressive driving
  • Unsafe lane changes or merges
  • Poor vehicle maintenance and upkeep
  • Sexual assault by a rideshare driver

Rideshare drivers do not receive any special training before receiving permission to pick up passengers. Unlike taxi companies, rideshare companies use independent contractors, not employees, and have lax driver hiring and training protocols. This can lead to dangerous drivers who are responsible for the safety of rideshare passengers. If a negligent or reckless Uber or Lyft driver caused your accident, the driver and/or company may owe you compensation.

What Might a Rideshare Company Owe You?

Both Uber and Lyft have insurance policies that provide $1 million in liability coverage to passengers injured in traffic accidents. If the rideshare driver negligently caused your accident, the company might be responsible for covering your damages. A successful Uber or Lyft accident claim in Des Moines could repay you for several losses.

  • Medical expenses
  • Lost wages
  • Property damage or losses
  • Pain and suffering
  • Attorney’s fees

The value of your Uber or Lyft accident claim will depend on factors such as the seriousness of your injuries and your prognosis for recovery, as well as your age and income. At Trial Lawyers for Justice, we can review your case for free to give you an accurate idea of how much it could be worth.

Injured in an Uber or Lyft Accident in Des Moines, IA? We Can Help

Uber or Lyft might not treat your case fairly, but a personal injury lawyer will. Our attorneys can protect your rights as a rider. Representation by Trial Lawyers for Justice will show an insurance company you mean business. Our lawyers can demand full compensation for your past and future losses from the rideshare company or another defendant while you focus on healing. Discuss the potential value of your accident claim in Des Moines today. Call (866) 854-5529 or send us a brief description of your case online for a callback.

[/vc_column_text][vc_empty_space height=”11px”][/vc_column][/vc_row]

I’m Suffering Headaches After a Car Accident. What Should I Do?

I’m Suffering Headaches After a Car Accident. What Should I Do?

[vc_row][vc_column][vc_column_text]

Headaches are a common complaint after a car accident. Why do they occur? It can be the abrupt stop that throws your head back and forth. This back and forth motion causes the brain to bounce around in the skull. Headaches are a sign of whiplash. They can also occur if your head hits a hard object like the window frame. Even the stress related to filling out lengthy car accident reports and insurance claims can cause headaches. Headaches are not a symptom to ignore. They’re real pain and can be indicators of more serious issues. If you’re experiencing headaches following a crash, take these steps.

Talk to a Doctor

Ideally, when the accident occurred you went to the hospital or were seen by paramedics. This starts a paper trail that ties your injuries to the accident. What you don’t want is an insurance adjuster trying to claim that something happened to you between the time of the accident and the time you experienced headaches. It can be harder to prove injuries were the result of the accident if you refused a medical examination.

Follow your doctor’s orders. If you’re told to call if you experience any new symptoms, do exactly that. You might not think that slight ache is worth troubling a doctor, but it could be a warning sign for something bigger. If your doctor says to avoid computers or TV screens for a full week, do that too. If you have a concussion and ignore orders, you could cause additional damage.

Know the Types of Headaches

One of the most common headaches occurs with a concussion. A concussion occurs when you take a blow to the head or when the head or body is violently shaken. Rapidly being thrown forward and backward during a crash, hitting the steel frame of the car, or hitting another object in the car all can cause concussions. Symptoms include headaches, dizziness, confusion, and fatigue. With a concussion, your doctor will likely tell you to go home with someone who can monitor you for a day or two. You’ll have to give up sports, too much social activity, and screen time for a day or two and take over-the-counter medications for the headache pain.

Whiplash is another common reason for a crash-related headache. Whiplash can take days to present following a car accident. It’s an injury of the muscles, ligaments, nerves, or bones in the upper spine. The quick back and forth motion causes whiplash. The force of a rear-end collision thrusts your back into the headrest, towards the windshield, and back to the headrest, which strains the neck. Symptoms include neck pain, pain that extends into the arms, headache, loss of motion, fatigue, and dizziness. It’s unlikely a doctor will find evidence of whiplash in X-rays, MRIs, or CT scans. Those scans can rule out other injuries, however. If whiplash is diagnosed, you’ll use over-the-counter medications for the pain. Physical therapy is often used to help improve movement.

Bruising on the brain happens when the brain bounces around in the skull during a car crash. This bruising heals over time, but it can cause headaches in the meantime. It’s a form of traumatic brain injury that’s mild. If the injury goes beyond bruises, broken blood vessels put pressure on the brain in a condition known as intracranial hematomas. If blood vessels break, the pressure needs to be relieved immediately. Intracranial hematomas need urgent medical attention, so it’s best to see a doctor if there is any sign of a headache. If a doctor says the headache is normal and to go home and rest, it’s your right to ask for a second opinion. If you feel the headache is not typical, speak up. You don’t want to be an hour from a hospital when blood vessels rupture.

Stress headaches are possible and harder to prove. You deal with a lot after a car crash. You’re talking to insurance companies to get claims started. You have to file police reports and answer a lot of questions. You have to schedule time off work if the injuries affect your ability to work. You need to get another car. It’s stressful. Stress headaches are usually mild to moderate and occur with muscle tension. Stress-reducing techniques may help, but it’s more likely you’ll need to take over-the-counter medications to ease the pain until things are back to normal. Stress headaches are one of the most problematic when it comes to auto insurance settlements. The insurance adjuster is likely to claim you’re making it up to get more money.

If the crash you’re in causes a skull fracture, you’re going to have a severe headache. It’s also common to have nausea, slurred speech, and confusion. If there’s brain swelling, you may need to undergo surgery to reduce the pressure. You’ll be in the hospital for a while, so you have to take time off work. You’ll have plenty of follow-up appointments. You may need physical therapy. If the brain injury causes lasting damage, you may not be able to remain in the job you had. You must seek legal representation as a skull fracture can completely change your life.

When you’re dealing with a headache on this list, only a skull fracture is one you can easily prove. The others won’t be noticeable in x-rays, scans, or by having the doctor press different areas of your skull. You have to communicate your symptoms as best as you can. You need to make sure you tell the doctor if your symptoms worsen or change. Keep copies of all paperwork you get from the doctor’s office or hospital. You may need that if you have to seek a lawyer’s help in getting a fair settlement.

What Happens if the Insurance Company Denies Medical Coverage?

What do you do if the insurance company refuses to pay for medical bills related to your headaches? Don’t panic. It’s going to be stressful hearing “no,” but you have every right to fight for coverage of your headache-related medical bills.

Auto insurance companies want proof that injuries are real and not faked. Headaches are hard to prove as many types of headaches won’t show up on scans. They have to take your word for it, and that’s not something they want to do. You need the strongest proof you can get from a medical professional. This is where your doctor and/or a headache specialist is important. The second most important person to talk to is an experienced head injury attorney.

You may think it’s easier to take the amount the insurance company offers, but what if it’s not enough? What if you sign the paperwork and find it’s harder to get a similar car than you thought for the money you’ve been given in the settlement? What if the headaches haven’t gone away after months? Accepting the first settlement offer isn’t in your best interest. You must be sure to talk to a car accident attorney.

Trial Lawyers For Justice is here for you. If you’re suffering from headaches following a motor vehicle accident, talk to us. You can reach us via live chat or by calling 1-866-TL4J-LAW. Our attorneys are available 24/7 to answer your questions and help you understand the next steps to take regarding your car accident. Don’t worry about the legal fees. If we can help you, you don’t pay anything unless we win.

[/vc_column_text][vc_empty_space height=”11px”][/vc_column][/vc_row]

I Was Involved in an Accident With Farm Equipment or a Tractor. What Should I Do?

I Was Involved in an Accident With Farm Equipment or a Tractor. What Should I Do?

[vc_row][vc_column][vc_column_text]

Every day, you hear about car crashes between a truck and car, a vehicle and a solid object like a phone pole or tree, or between pedestrians and vehicles. There’s another form of motor vehicle accident that isn’t heard of as often, but these accidents do occur and can become complicated. When your vehicle crashes into a piece of farm equipment or a tractor, it’s especially frustrating. What do you do?

Tractors and Farm Equipment Can Use Public Roadways

Legally, a tractor or other piece of farm equipment is allowed to be on public roadways. The driver of the tractor or other equipment was likely well within his/her right to be on the road. States often have their own rules, however, so look into the local and state laws. The laws are there for a reason.

Statistics on the number of crashes vary greatly from one state to the next. In the Midwest, around 7,000 vehicle and farm equipment crashes occurred during a five-year period. While 7 out of 10 crashes were in rural areas, the remaining crashes happened in urban areas. It’s not a problem specific to small towns and rural areas. Tractor and farm equipment drivers need to take preventative measures to make sure they’re visible, but drivers also need to be cautious when approaching them and only pass if there is room and there’s no oncoming traffic.

These slower vehicles pose significant hazards. Those on a tractor or motorized farm equipment are not likely to have the modern safety equipment a car has. Seatbelts may not get used. If the tractor rolls, crushing injuries are very likely. Meanwhile, farm equipment is often wider than a single lane. If a car comes around a corner at normal speeds and finds a slow-moving tractor, there’s the risk for a head-on collision. If it’s before sunrise or after sunset, an unlit piece of farm equipment may not be visible until the vehicle is right on top of it. Visibility is a driving force behind state laws that apply to farm equipment that uses public roadways.

For example, the Iowa Department of Transportation has a rule in place that tractors and other pieces of farm equipment must have a “Slow Moving Vehicle” emblem measuring no less than 13.8 inches and made from a fluorescent red-orange material that’s surrounded by a reflective red border. That emblem has to be between 2 and 10 feet from the ground and prominently displayed on the rear. Emblems must be cleaned and inspected regularly and replaced if they fade. If you’re in an accident with a tractor that lacked that emblem, note it. Take photos to show that they lacked that visibility measure.

Treat it Like Any Accident

Treat this like any accident. Call the police to start the accident investigation. If you’re okay, you can check on the other driver. Take photos of the tractor/farm equipment, accident scene, and your care if you’re able. Get witness names. See if the farm equipment’s operator has insurance. At the very least, get the name and contact information for the farm and the operator’s license information. Let the paramedics check you for injuries. If it’s recommended you go to the hospital, do so. It’s better to take the time to be seen than risking your health to injuries you don’t feel at that moment.

At home, you can call your insurance agent to get a claim started. If the farm does have insurance, the investigation into who was at fault will begin. They’ll need to know witness names and contact information, the farm’s contact information, and the driver’s information.

Injuries sustained during a collision with farm equipment may be serious as those operating the farm equipment may not have the same safety features that cars do. Tractors are often open and lack things like airbags and steel frames. Not every state requires farm vehicles to be registered, so there may not be an insurance policy in place. If you crash into a tractor that’s not illuminated or visible when it’s dark out, even if it’s not your fault, your insurance may need to cover the damages using uninsured motorist coverage if the other operator lacks insurance.

After a collision with farm equipment, you do need to focus on your health first. Once that’s done, consider calling a legal expert who understands the laws regarding crashes with farm equipment. It helps if you have a knowledgeable car crash attorney to answer your questions and help you understand your rights and obligations.

What If It’s the Other Way Around?

If you were operating the farm equipment and a car passed unsafely and crashed into you, follow the same steps. Focus on your own injuries first. If you’re hurt, stay still and let the paramedics help you. Make sure a witness calls the police to start the accident report. Follow up with the police to get a copy of the accident report. Call your insurance company to start the claim against the other driver.

Trial Lawyers for Justice are here to help you navigate the process. We’ve helped dozens of clients win substantial awards or settlements following accidents involving cars, commercial vehicles, or farm equipment. It’s easy to arrange a free consultation online or by phone by calling 1-866-TL4J-LAW.

[/vc_column_text][vc_empty_space height=”11px”][/vc_column][/vc_row]