Every year, Des Moines sees numerous personal injury lawsuits. These cases usually hinge on the legal principle of negligence. In order to pursue such a lawsuit, the plaintiff must establish that the defendant had a duty of care towards them, but failed in this duty due to negligent behavior or omissions. It must also be demonstrated that this breach directly resulted in the plaintiff’s injuries or damages. Essentially, the plaintiff must show that the defendant’s lack of reasonable care directly contributed to their injuries, allowing them to seek compensation for medical costs, pain and suffering, lost wages, and other losses stemming from the incident.
Common Personal Injury Cases
The most common types of personal injury lawsuits often involve:
Motor Vehicle Accidents: Accidents on the road, including incidents with cars, trucks, motorcycles, and pedestrians, frequently make up the most prevalent personal injury claims. These cases often stem from instances of negligence on the part of the other driver, which can encompass behaviors like exceeding speed limits, driving while distracted, operating a vehicle under the influence, or engaging in reckless driving.
Slip and Fall Claims: Accidents that occur on someone else’s property due to hazards like slippery floors, uneven sidewalks, inadequate lighting, or other dangerous conditions can lead to slip and fall or premises liability lawsuits. Premises liability is a legal concept that holds property owners responsible for injuries that occur on their premises due to unsafe or hazardous conditions.
Medical Malpractice: Cases where patients believe they have been harmed due to the negligence of healthcare providers, including doctors, nurses, or hospitals, are relatively common. Medical malpractice can involve misdiagnoses, surgical errors, medication errors, and more.
Dog Bites: Cases involving dog bites or other animal attacks can result in personal injury claims, typically filed against the owner or caretaker of the animal.
Assault and Battery: Victims of physical assaults or battery may file personal injury lawsuits against the individuals responsible for the intentional harm.
It’s important to note that Des Moines, Iowa follows a modified comparative fault system. This means that if the injured party is found partially at fault for the accident, their compensation may be reduced in proportion to their degree of fault. However, if the plaintiff’s fault is 51% or more, they may be barred from recovering damages.
If you have a potential personal injury case in Des Moines, it’s advisable to consult with a qualified attorney who specializes in personal injury law to evaluate your specific situation and provide guidance tailored to your needs.
Legal and medical professionals will be able to offer the most up-to-date information on prevalent laws, rules, and regulations affecting your personal injury claim. 1-800-Injured is a medical and legal referral network who connects clients with experienced professionals able to help them with their unique personal injury needs. After an initial consultation with our team, we reach out to our network in order to find an attorney who is ready and willing to take the case as soon as possible.