Belmond Personal Injury Attorneys

When accidents and injuries abruptly disrupt lives, personal injury lawyers become essential. They focus on representing those harmed by negligence, helping them obtain fair compensation. This article delves into the important role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Understanding Damages in Dram Shop Claims and Bicycle Accident Cases in Iowa

Iowa's legal landscape offers various avenues for individuals seeking compensation after incidents involving drunk driving and bicycle accidents. This article delves into the specifics of dram shop claims and bicycle accident claims, including the types of damages available and the legal intricacies involved.

Damages in Dram Shop Claims

A dram shop claim in Iowa is a legal action against a business or individual holding a liquor license, for serving alcohol to a person who then causes harm, typically through a car accident. The damages in a dram shop claim are similar to those in other personal injury claims and include:

1. Medical Bills: Covers all medical expenses related to the accident, including prescribed rehabilitation therapies.
2. Pain and Suffering: Compensation for physical and emotional distress, such as PTSD or trauma from severe disfigurement.
3. Lost Income: Reimbursement for lost wages or income if the victim is unable to work, including lost benefits like medical insurance or retirement contributions.
4. Property Damage: Costs for repair or replacement of personal property damaged in the accident, such as a vehicle.
5. Wrongful Death: Claimed by family members of a deceased victim, covering medical and funeral expenses, lost future income, loss of consortium, and other related costs.
6. Punitive Damages: Additional compensation awarded if the defendant showed a willful disregard for the victim's safety.

Iowa’s Dramshop Law, detailed in Iowa Code § 123.92, requires specific legal steps and proof of liability. Victims must notify the liquor license holder within six months of the accident and file the injury claim within two years.

Filing a Claim for a Head Injury from a Bike Accident

Bicyclists, especially those without helmets, are at high risk for head injuries in accidents with motor vehicles. The process for filing a claim in Iowa involves several key steps:

1. Determining Liability: The at-fault driver’s insurance is typically liable for damages. The cyclist must gather evidence like police reports, physical evidence from the scene, and witness testimonies to prove the driver's fault and link the injuries to the accident.
2. Calculating Damages: The settlement amount depends on injury severity, medical bills, lost work time, and property damage. If the cyclist is partially at fault, the compensation may be reduced.
3. Negotiating Settlements: If the initial settlement is insufficient, the victim can negotiate or file a civil claim within two years, as specified by Iowa Code section 614.1.

Compensation after a Bicycle Accident Hit and Run

Hit-and-run bicycle accidents pose additional challenges. Victims must rely on their insurance policies if the driver is not found. Options include:

1. Identifying the Driver: Law enforcement may use traffic camera footage and witness testimonies. Public appeals through news stations can also help.
2. Uninsured/Underinsured Motorist Coverage (UM/UIM): This optional coverage in Iowa can compensate for damages when the driver is unidentified or uninsured. Minimum coverage is $20,000 per person and $40,000 per accident.

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.