Category Archives: Personal Injury
Where Do I File a Personal Injury Lawsuit in Iowa?
If you sustain injuries in a car accident caused by one or more third parties, you have the right to file a personal injury lawsuit to recover damages. But where do you actually file such a lawsuit? And does it even matter? To answer the latter question first, it definitely matters. No court may… Read More »
When Is Evidence Considered “Prejudicial” in a Personal Injury Case?
When you bring a personal injury case, both you and the defendant have the right to introduce any evidence that might be relevant to resolving any factual disputes–within certain limitations. One of these limitations is that the judge may disallow any otherwise relevant evidence that may be considered “prejudicial.” While there is no hard-and-fast… Read More »
The Role of “Foreseeability” in an Iowa Car Accident Lawsuit
When you file a personal injury lawsuit based on negligence, you need to prove the defendant violated some legal “duty” owed to you. For instance, in an auto accident, you might show the other driver violated the duty to operate their vehicle in a reasonably safe manner according to local traffic laws. In other… Read More »
Will Iowa Courts Enforce Agreements Allowing Employers to Avoid Liability for Injuries to Temporary Workers?
Workplace accidents in Iowa are normally covered by workers’ compensation. This means the employer is required to provide certain medical and wage-replacement benefits to an injured employee, regardless of who may have been at fault for the underlying accident. But what about a situation where a person is hired by a third-party broker to… Read More »
Iowa Supreme Court Reviews “Continuing Storm Doctrine” in Personal Injury Cases
Iowa property owners have a legal responsibility to keep their premises reasonably free of hazards that might injure invited guests. For example, a store owner must exercise “reasonable care” to clear its parking lot of snow and ice following a winter storm. But what about during the storm? Can the owner be held liable… Read More »
What Happens When an Iowa Jury Returns an Incomplete Verdict?
In an Iowa personal injury lawsuit, the plaintiff is entitled to a trial by jury. This means the jury is charged with deciding who is legally responsible for the underlying accident. If there are multiple defendants–or if the defense maintains the plaintiff’s actions contributed to the accident–it is also up to the jury to… Read More »
Iowa Court of Appeals Upholds $127 Million Personal Injury Verdict
Most personal injury claims are the result of reckless or negligent behavior. But sometimes, personal injury cases are the result of criminal activity. While the criminal justice system focuses on punishing the offender and protecting the public at-large, a civil lawsuit provides victims with the ability to seek compensation directly from their attackers. Defendant… Read More »
Proving Negligence for a Fatal Car Accident
Losing a child in an auto accident is a parent’s worst nightmare. It is therefore understandable that the grieving parents want to hold a negligent driver responsible. But it’s important to understand that it is evidence, not grief, that decides a personal injury lawsuit in Iowa. And even when the victim is no longer… Read More »
How Does a Liability Waiver Affect My Personal Injury Claim?
A common barrier to personal injury claims in Iowa is the liability waiver. Everyone has come across one of these waivers at one time or another. It is basically a document that purports to absolve one party–usually the one that drafted the waiver–of any legal responsibility in the event the other party is injured…. Read More »
What Happens If I Wait Too Long to File a Personal Injury Claim?
There are many personal injury cases that effectively end before they even get started. A major reason this happens is the plaintiff waits too long to come forward and pursue their claim. For instance, many car accident victims do not realize there are strict time limits under Iowa law to sue a negligent driver… Read More »
