Lisbon Personal Injury Attorneys

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

Understanding Damages in Dram Shop Claims: A Comprehensive Guide

In Iowa, dram shop claims arise when a person or business with a liquor license serves excessive alcohol to an individual who subsequently causes an accident, often resulting in injury or death to another person. These claims are similar to personal injury claims, with specific legal requirements and types of damages. This article provides a comprehensive overview of the available damages in dram shop claims and the legal framework governing these claims in Iowa.

Types of Damages in Dram Shop Claims

The damages recoverable in a dram shop claim are akin to those in a personal injury claim. Here’s a detailed look at the various types of damages one can claim:

1. Medical Expenses

   - Coverage: Includes all medical bills associated with the accident, such as emergency room visits, hospital stays, surgeries, prescribed medications, and any necessary physical or occupational rehabilitation.
   
2. Pain and Suffering
   - Physical and Emotional Distress: Compensation for physical pain and emotional suffering, including conditions like post-traumatic stress disorder (PTSD) and the trauma associated with permanent loss of a limb or severe disfigurement.

3. Lost Income

   - Wages and Earnings: Compensation for lost income due to the victim’s inability to work. This applies to both job-related wages and income for self-employed individuals. Additionally, work-related benefits such as paid medical insurance or retirement contributions can be included.

4. Property Damage

   - Repair or Replacement: Costs associated with repairing or replacing damaged property, including the victim’s vehicle and any personal items within it at the time of the accident.

5. Wrongful Death

   - Survivor Compensation: When a victim dies, their family can claim damages for medical and funeral expenses, lost future income that the deceased would have earned, loss of consortium, and other related expenses.

6. Punitive Damages

   - Additional Penalties: In cases where the defendant’s conduct shows a willful disregard for the victim’s safety, punitive damages may be awarded by a judge or jury, on top of the actual damages.

Basics of Dram Shop Law

A dram shop claim targets a licensed entity (like a bar or restaurant) for serving excessive alcohol to an individual who later causes harm. The legal framework for these claims is outlined in Iowa Code § 123.92. Here are some critical aspects of dram shop law:

1. Legal Requirements

   - Burden of Proof: The injured victim or their survivors must provide written notice to the bar or liquor license holder of their intent to file a claim within a specific time frame. The burden of proof lies with the claimant.

2. Multiple Defendants

   - Dual Liability: Victims can sue both the intoxicated driver and the establishment that served them. Each defendant may be required to pay a percentage of the total damages.

3. Time Limits

   - Notice and Filing: The notice of intent to file a claim must be given within six months of the accident, and the claim itself must be filed within two years from the accident date. Precise details in the notice are crucial, often necessitating the assistance of an experienced attorney.

Practical Steps After an Accident

1. Document Everything

   - Records and Evidence: Maintain detailed records of medical treatments, lost income, property damage, and interactions with insurance adjusters. Accurate documentation can significantly strengthen your claim.

2. Medical Follow-Up

   - Continuous Care: Regularly visit your healthcare providers to document ongoing symptoms and treatment. Gaps in medical care can be used against you by insurance companies.

3. Dealing with Insurance Adjusters

   - Professional Guidance: Insurance adjusters aim to minimize payouts. Be cautious with your statements and consider consulting an attorney to navigate these interactions effectively.

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.