Albia Personal Injury Attorneys

Accidents and injuries can swiftly disrupt lives. In such difficult moments, personal injury lawyers are indispensable. They specialize in representing individuals harmed by negligence, helping them secure proper compensation. This article highlights the crucial role personal injury lawyers play in navigating claims and aiding in recovery.

Understanding Damages and Liability in Personal Injury and Dram Shop Claims

When dealing with personal injury claims in Iowa, especially those involving dram shop laws, it’s crucial to understand the various damages available and how liability is determined. This comprehensive guide covers the damages in dram shop claims, the intricacies of determining fault in vehicle accidents, and the comparative negligence rule in Iowa.

Available Damages in Dram Shop Claims

In Iowa, the damages available in dram shop claims are similar to those in other personal injury cases. These include:

1. Medical Bills: Covers all medical expenses associated with the accident, including prescribed physical or occupational rehabilitation.
2. Pain and Suffering: Compensation for physical and emotional suffering, including PTSD or emotional trauma from severe injuries such as the permanent loss of a limb or disfigurement.
3. Lost Income: Includes job-related wages or earnings if the victim is self-employed. Work-related benefits such as medical insurance or retirement contributions may also be collected.
4. Property Damage: Costs for repairing or replacing the victim’s vehicle and any personal items damaged in the accident.
5. Wrongful Death: Demanded by family survivors, covering medical and funeral expenses, lost future income, loss of consortium, and other related costs.
6. Punitive Damages: Awarded by a judge or jury in addition to actual damages if the defendant showed willful disregard for the victim’s safety.

Basics of Dram Shop Law

A dram shop claim is filed against a person or business with a liquor license for serving excessive alcohol to an individual who later causes an accident resulting in injury or death. Iowa Code § 123.92 outlines the specific legal requirements for these claims, including several liability variables and a brief window for providing notice to the establishment.

Filing a Claim Against Multiple Parties

If an individual is hit by an intoxicated driver, they can sue both the bar and the drunk driver. Typically, the victim sues both parties, and each defendant pays a portion of the damages. Punitive damages are considered separately.

Time Limits for Filing a Dram Shop Claim

Victims must provide written notice of intent to file a dram shop claim within six months of the accident, with precise details. The statute of limitations for filing the injury claim itself is two years from the accident date. Given the complexity, it's advisable to seek assistance from an experienced dram shop law attorney.

Determining Fault in Vehicle Accidents

Determining fault in vehicle accidents, especially when a vehicle makes a left turn in front of a motorcycle, can be complex. In most cases, the driver making the left turn is liable as they must yield to oncoming traffic. However, exceptions exist, such as if the motorcyclist was speeding or ran a red light, potentially reducing or eliminating the other driver’s liability.

Understanding Comparative Negligence in Iowa

Iowa follows the modified comparative fault - 51% rule. To file a claim against another driver, your fault must be 50% or less. If found to be 51% or higher, you cannot recover damages. Even if your fault is less than 51%, your compensation may be reduced proportionally to your degree of fault.

For example, if you were speeding when another driver made an unsafe lane change, your claim might be reduced to reflect your partial responsibility for the accident.

Seeking Legal Help

Securing legal assistance is crucial in personal injury cases, particularly those involving complex fault determinations or multiple liable parties. Experienced attorneys can help you navigate the legal landscape, gather necessary evidence, and advocate for the maximum possible compensation.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.