Newton Personal Injury Lawyer

Car crashes, truck accidents, and slip and falls are just a few of the different types of accidents that are common in Newton, and throughout Iowa. If you were injured due to another person’s negligence, or carelessness, you should not be responsible for paying your medical bills and other expenses, particularly at a time when you are likely unable to return to work. Instead, you should file a claim against the liable party who caused the accident. The claims process is extremely complex, though. Our Newton personal injury lawyer can guide you through it and ensure your rights are upheld so you obtain the full settlement you deserve.

Areas of Personal Injury Law

Accidents caused by another person’s negligence all fall under personal injury law. There are many different areas of personal injury law and they all pertain to different types of accidents. Our experienced attorney handles all types of personal injury claims, including:

Car accidents: Tort law governs car accidents in Newton, and throughout Iowa. This means that after a crash you must file a claim with the liable, or at-fault, party’s insurance company to obtain compensation for your injuries and other losses.
Truck accidents: Accidents involving tractor-trailers and other large commercial vehicles are not the same as car crashes. In truck accident claims, there is the potential for multiple liable parties, different laws that apply, and the injuries are much more severe.
Motorcycle accidents: The injuries resulting from motorcycle accidents are also much more serious because bikers have such little protection when they are on the road. Motorcyclists also often face biases from insurance companies and juries that must be overcome before claiming compensation.
Slip and falls: Slip and falls are very common and they can also result in serious injuries. Businesses, property owners, and occupiers of a property all have a duty to ensure their premises are safe for others to enter. When they fail to do this and someone becomes hurt, they can be held liable.
Dog bites: Newton is a very dog-friendly city, but not all dogs are as friendly. Strict liability governs dog bite claims in Iowa, which means you do not have to prove that the dog owner was negligent, or knew of an animal’s violent or aggressive tendencies in order to claim compensation.
Product liability: Manufacturers, distributors, sellers, and other parties have a legal duty to ensure the products customers use are safe and do not contain any defects. When they fail to do this, they can be held liable. These cases are also governed by strict liability, meaning you must only prove that a product was defective and that you were hurt as a result.
Nursing home abuse: Sadly, nursing home abuse is more common than people think. When some of the most vulnerable individuals in society are abused or neglected, long-term care facilities and their staff members can be held liable.
Wrongful death: Accidents are sometimes so severe that victims do not survive them. In these cases, the personal representative of the estate can file a wrongful death claim.

Damages Available in Personal Injury Claims

Personal injury claims are intended to compensate accident victims for the injuries and other losses they sustained. The most common types of damages available in personal injury claims are as follows:

Current and future medical expenses
Lost income, including lost employment benefits, sick pay, vacation pay, and more
Loss of future earning capacity, if you cannot return to the same line of work in the future
Pain and suffering, including mental distress
Mental health counseling and physical therapy
Permanent scarring, disfigurement, or disability
Wrong death damages, if you have lost someone you love

The Statute of Limitations in Personal Injury Claims

Most personal injury cases in Newton are governed by a statute of limitations. This is the amount of time you have to file your claim. Throughout Iowa, the statute of limitations is two years from the date of the accident. If you do not file your claim before the statute of limitations expires, you will likely lose your right to take any legal action at all.

The statute of limitations is quite strict and the courts and insurance companies will typically throw out your case if the statute of limitations has expired. Still, there are certain exceptions to the law. If an accident victim is a minor at the time they sustained injury, they have one year from their 18th birthday to file a claim, even if more than two years have passed. Additionally, if a person suffers from a mental illness at the time of their accident, they have one year from the date they regain mental capacity to file a claim.

Comparative Negligence in Personal Injury Claims

In personal injury claims, the negligence of all parties involved is assessed. If you contributed to the accident, you may still be able to file a claim for damages. However, your compensation will be reduced by your same percentage of fault. If you are more than 51 percent at fault for the accident, you are barred from receiving any compensation at all.

For example, if someone ran through a red light and crashed into you, it is possible to hold them liable for the accident. If you were texting and driving at the time, though, and this prevented you from seeing the other motorist, you could also share a percentage of fault. If you were assigned 10 percent of fault and the other driver was assigned 90 percent of the blame, any damages you are awarded would be reduced by ten percent.

Our Personal Injury Lawyer in Newton Offers Sound Legal Advice

If you have been hurt by another person’s carelessness, you may be entitled to legal compensation. At Baer Law Office, our Newton personal injury lawyer can help you get it. Our team is dedicated to helping accident victims. They have won multiple awards for their legal work and have been rated as the “Best Law Firm in Des Moines” for nine years in a row. Call us today at (515) 279-2000 for a free review of your case and to learn more about how we can help.