Independence Personal Injury Attorneys

When accidents and injuries disrupt lives, personal injury lawyers become essential allies. They specialize in advocating for those harmed by negligence, ensuring they obtain fair compensation. This article explores the significant role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

In Iowa, a dramshop claim can be proven through two primary scenarios. First, when a person is served excessive alcohol at a bar or restaurant, leaves the establishment while intoxicated, gets involved in a car accident, and is subsequently charged with OWI (operating a vehicle while intoxicated). The second scenario occurs when an intoxicated bar patron assaults one or more people at the bar.

Key Elements of an Iowa Dramshop Claim

Iowa’s Dramshop Law holds the bar owner, liquor licensee, or permittee (bartender or wait staff) responsible if they:

1. Serve alcohol to an intoxicated person when they knew (or should have reasonably known) the person was intoxicated.
2. Serve the person to a point where it was reasonably foreseeable that the person would become intoxicated if they did not stop serving.

Bars and other establishments licensed to serve alcohol are legally required to exercise reasonable care to detect signs of actual (or suspected) intoxication in their patrons. If their employees identify someone who has had too much to drink, they cannot serve them any more alcohol, as mandated by Iowa Code § 123.92. This requirement is known as a Dramshop Law, which many states have adopted. Establishments are also required by law to have dramshop liability insurance to pay damages to the injured victims of their intoxicated patrons.

The Scope of Iowa’s Dramshop Statute

Iowa’s Dramshop Statute is intended to restrain bars and restaurants from selling "excess liquor" to their patrons, as stated by the Iowa Supreme Court. Several cases have resulted in rulings that the state's dramshop law does not require the plaintiff to prove that the intoxicated person who caused the injury consumed the alcohol.

The statute applies to alcoholic beverages "sold and served for consumption on the seller's premises only," meaning retail companies such as grocery stores, which sell packaged liquor for consumption elsewhere, are not subject to this law.

Recoverable Damages in a Dramshop Case

All civil damages are available in a dramshop case, including:

- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Limitations on Who Can Sue

Only those injured by the intoxicated patron (referred to as the "second party") can sue the bar or restaurant establishment. The intoxicated person themselves (the "first party") cannot.

Liability of Social Hosts

The law applies only to vendors licensed to sell alcohol in restaurants and bars. It does not apply to "social hosts" who serve alcohol at private parties or other functions, as per Iowa Code § 123.49.

Types of Alternative Dispute Resolutions for Personal Injury Cases

Many personal injury cases are resolved through negotiations with an insurance company, but sometimes disputes necessitate alternative means of reaching an agreement, which can help avoid taking the case to trial. The primary types of alternative dispute resolutions (ADR) are arbitration and mediation.

Arbitration in Personal Injury Cases

Arbitration is a formal process similar to a courtroom hearing but with fewer rules surrounding evidence use. An arbitrator:

- Reviews the facts and evidence
- Listens to testimony from witnesses
- Makes a final decision

Arbitration is less costly and time-consuming than litigation. It can be binding or non-binding, meaning the arbitrator's decision may be final or the parties may choose not to accept it, respectively. Both sides must agree on the arbitrator, and the hearing can be held in a convenient setting.

Mediation in Personal Injury Cases

Mediation is an even less formal method, commonly used in personal injury cases. It avoids litigation and saves time, money, and stress. The mediator is an unbiased third party who does not make decisions or give opinions but helps both parties reach a mutually satisfactory agreement.

Pros and Cons of ADR in Personal Injury Cases

ADR methods can take less time, cost less, and involve less hassle than litigation. They also allow parties to be more involved in the decision-making process. However, ADR may require spending money without guaranteed results, potentially necessitating further litigation.

What Is a Degree of Accident Fault in a Personal Injury Claim?

The degree of accident fault in a personal injury claim refers to an individual's percentage of responsibility for an accident and the resulting damages. If the injured person is partially at fault, their compensation can be reduced accordingly.

Impact of Negligence Laws on Accident Fault

In Iowa, negligence laws are based on modified comparative fault. A jury or judge assigns a percentage of fault to each party involved in the accident, from no fault to 100 percent fault. If the injured party’s fault is 51 percent or higher, they cannot recover any damages. If their fault is 50 percent or less, they can recover damages reduced by their fault percentage.

Evidence to Reduce Fault in a Personal Injury Claim

Establishing the other party’s liability is crucial. Evidence may include:

- The accident report
- Photographs of the accident scene
- Eyewitness statements
- Observations from a responding police officer

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.