Cedar Rapids Personal Injury Lawyers
Personal injury accidents in Cedar Rapids are governed by a combination of Iowa law, municipal laws and federal laws. When someone is physically and/or emotionally harmed due to someone else’s negligence it is considered to be a “Personal Injury.” The laws covering Personal Injury allow the injured person to receive compensation from the responsible party. The responsible party is generally an individual or company that created the circumstances that led to the injury through carelessness, negligence, recklessness or even intentional actions.
Personal injury actions are similar to, but not the same as, workers compensation claims. When someone is injured on the job they may be entitled to workers compensation benefits regardless of who was at fault. Workers’ compensation is the primary, and often exclusive remedy a worker has against an employer or co-worker when injured on the job. The benefits that a worker gets through “work comp” are a different than the compensation an injured party may be entitled to if someone else is shown to have been responsible for the accident that caused the injuries.
In order for actions to be “negligent,” they must meet three primary criteria: 1) There must be a legal duty between the defendant (the one who did the wrong) and the plaintiff (the injured person), 2) There must be a breach of that duty and 3) Damage must have occurred as a result of that breach. When all of the above three elements are present, a negligence action may be present.
Personal Injury liability can also result from an “intentional act.” An intentional act is one that is deliberately meant to cause injury or harm. This differs from a negligent act which is most often an “accident.”
“Strict Liability” is another form of Personal Injury liability. It means that a party may be responsible or legally liable for damages even when negligence was not involved. This most frequently applies to situations that are, in and of themselves, abnormally or fundamentally dangerous. We often see this concept raised in product liability matters. Manufacturers are responsible to make certain that their products are safe when used as directed. When someone is injured by a product, under the terms of Strict Liability, intent or negligence does not have to be proven. What matters is that the product was defective, and through no fault of the injured party, harm was done.
Once liability is established for a Cedar Rapids personal injury, the responsible party must pay for damages incurred by the victim. The term “damages” refers to anything owed to compensate for a loss. In Personal Injury cases, damages can include such things as lost wages, medical bills, out-of-pocket expenses, pain and suffering, disability and a variety of other items.
If you have been the victim of a personal injury in Cedar Rapids, IA or are a resident in Cedar rapids, we want to encourage you to take the correct next steps following your injury. First, be sure to seek out proper medical attention. Note, that if your injuries require medical attention, they will probably warrant legal attention as well. It is also important to cooperate with the authorities and your own insurance company. However, until you have secured an attorney, do not sign anything or give a recorded or written statement to any opposing party or their insurance company or representative. And remember, most Personal Injury cases have a statute of limitations. This means you, as the injured party, have only a certain amount of time allowed to file a lawsuit.
Contact the Cedar Rapids Personal Injury Attorneys at VanDerGinst Law today if you or a loved one has suffered a serious injury or wrongful death on the job or due to someone else’s negligence. Call toll free 888-553-7847 or contact us by clicking here.
Our injury attorneys serve Cedar Rapids and the surrounding areas, including but not limited to: Marion, Monticello, Mt. Vernon , Anamosa, Hiawatha, , Vinton, Washington, West Liberty, Mechanicsville, Robins, Shellsburg, Springville, Swisher, Walker, Walford, Ainsworth, Kalona, Keota, Lone Tree, North English, Oxford, Riverside, Solon, Tiffin, Wellman, Center Point, Central City, Ely, Fairfax, Lisbon, Marengo, Mechanicsville, Robins, Shellsburg, Springville, Swisher, Walker, Walford, Urbana, Mount Vernon, Cacade, Belle, Plaine, Benton County, Jones County, Linn County, Johnson County, Iowa City, North Liberty, Tipton, West Branch, Williamsburg.