Personal Injury
PROTECTING YOURSELF:
When accidents happen
Experienced Personal Injury Attorneys in Altoona
Personal injury law can help you recover damages when another person’s careless or negligent act harms you or your personal property.
After an accident, you will most likely need financial compensation to help bring you back to a position that you held before the injury occurred. You may consider going after the defendant alone. However, pursuing a personal injury claim without the help of an attorney is no simple task.
Large insurance companies may retain professional personal injury defense lawyers to represent the person who harmed you. These advocates would vigorously fight your claim with only two objectives in mind—protect their client’s interest and minimize your financial recovery at all costs.
You’d also need to argue a valid prima facie case of negligence (duty–breach–causation–damages) if you choose to bring legal action against the defendant, and you’d have to gather enough evidence to support each element of negligence before your trial begins.
For over a decade, the personal injury attorneys at the Smith Law Firm in Iowa have successfully helped accident victims in the greater Des Moines area secure financial compensation for their medical bills, work loss (present and future), property loss, pain and suffering, bodily injuries, and emotional harm.
If a vehicle or workplace accident, slip or fall or someone’s careless act has seriously injured you, consider letting the personal injury team at the Smith Law Firm in Iowa secure financial compensation for you through competent tort litigation and expert settlement negotiation.
Personal Injury Counsel at the Smith Law Firm in Iowa
WHEN PERSONAL INJURY LITIGATION BECOMES NECESSARY
Accident injuries can be unduly harmful, not only from an economic perspective but from the physical one as well. Victims may be confined to a hospital bed for weeks while others may stay at home for years waiting for their bodies to recover.
Severe trauma to the body may further lead to unexpected or hidden injuries that may need tending to years after the negligent act occurs. Add this to the loss of wages, pain and suffering and medical bills that accident victims almost always face, and you’d understand why pursuing a personal injury lawsuit may be unavoidable for some folks.
The following negligent acts could happen to you at any time:
- Vehicle Accidents
- Slip and Falls
- Pedestrian Accidents
- Elder Abuse
- Workplace Accidents
- Wrongful Deaths
- Dog Bites
- Defective Products
- Medical Errors and more.
Tort law gives you the right to expect compensation for your injuries when someone carelessly or intentionally harms you. However, how you remedy the harm sustained will often depend on the severity of your damages.
Ordinary damages without bodily harm (i.e. someone hitting your parked car) will usually only require diligent negotiation with the wrongdoer’s insurance company to indemnify you.
Personal injury litigation becomes necessary when negotiations with the defendant or with his/her insurance company break down or when severe bodily injuries arise. Remember that bodily harm is frequently not always present after an accident and may only surface years later.
The Smith Law Firm therefore strongly recommends that you consult with one of our expert personal injury attorneys before speaking with a wrongdoer’s insurance company. We can advise you on whether your damages warrant modest negotiations with an insurance adjuster or demand complex legal action to redress your harm.
When bill collectors start calling and insurance companies refuse to make fair offers, most accident victims recognize that they'll need an attorney’s help to secure full and fair compensation for their injuries.
Hiring a personal injury lawyer at the Smith Law Firm in Iowa first and foremost allows you to focus on healing and recovery and relieves you from the overwhelming stress that regularly accompanies suing wrongdoers for legal damages.
Our advocates specialize in tort litigation—an area of law that protects and compensates you when another person’s negligent, reckless, or intentional act harms you or your interests.
Below are just some of the perks you’ll receive after retaining one of our qualified personal injury attorneys to handle your case:
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Private Counseling. Your attorney will let you know if you hold a valid personal injury claim and will check if your cause of action falls within Iowa’s strict statute of limitations. You’ll also learn how civil litigation works during your initial consultation and discover if you’ll share fault with the defendant under the state’s comparative fault rules.
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Professional Representation. Smith Law Firm representatives will speak for you when insurance companies fish for evidence and testimony—remember anything that you disclose to the defendant’s lawyers may be used against you in court. Our personal injury attorneys will likewise keep the bill collectors at bay while your tort action moves forward.
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Civil Procedure Management. Personal injury litigation is complex and requires claimants to hold comprehensive knowledge of court and evidence rules. Rest assured your advocate’s mastery in tort law civil procedure will move your case through the court system without error.
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Skilful Discovery. The Smith Law Firm in Altoona uses its own investigation team to collect medical evidence, find witnesses, evaluate present and future damages, and procure testimony for presentation in court. This means you’ll have access to a network of private investigators, accountants, paralegals, and other professionals whose job is to make sure you receive full and fair compensation for your injuries.
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Expert Medical Testimony. To secure a favorable jury verdict, healthcare professionals and other medical experts must be willing to testify on your behalf and support your claim in court. We work with top rated physicians, nurses and other healthcare professionals who can assess your bodily injuries and present their evidence to the fact finders when your case goes to trial.
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Negotiation Authority. Remember that 95% of parties named in a personal injury claim settle their cases out of court. Whether it’s an informal negotiation with the defendant’s insurance company or court-ordered mandatory mediation, your Smith Law Firm personal injury attorney will bring his/her seasoned negotiation skills to the table every time when working out a full and fair settlement for you.
WHY RETAIN A PERSONAL INJURY ATTORNEY?
PERSONAL INJURY LAW IN ALTOONA AND DES MOINES
If you’re considering bringing personal injury action against a wrongdoer in Iowa, it may be beneficial for you to review how tort law works in the state. Iowa civil procedure rules are complicated, and mistakes or omissions made during legal proceedings could prevent you from securing the recovery that you deserve.
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Prima Facie Negligence. The courts will dismiss your lawsuit if your claim does not show a legal cause of action. To win a personal injury case, you must argue and prove that the defendant owed you a DUTY OF CARE, BREACHED THE DUTY OF CARE, and CAUSED an INJURY where you sustained DAMAGES.
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Statute of Limitations. In Iowa, you have two years to bring personal injury action against the defendant. The clock starts ticking immediately after the harm occurs, and the courts allow little exception to this comprehensive rule.
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Standing. Your tort case will move forward only if you have standing to sue the defendant. The courts may grant legal standing to injured parties, parents or guardians of injured minors, persons who hold power of attorney, or personal representatives of an estate.
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Comparative Fault. Iowa personal injury law exploits comparative fault rules when determining liability of damages, meaning the courts cannot bar you from receiving compensation when you were partially responsible for your injuries (in such case, the courts would only mitigate your damages).
Remember, you do not need to pursue tort action on your own. Instead, contact an experienced personal injury attorney at the Smith Law Firm in Iowa to help you navigate through the state’s complex civil procedure rules.
HOW WE WORK PERSONAL INJURY CLAIMS
The Smith Law Firm’s seasoned personal injury team fights to secure fair compensation for your injuries starting from day one.
One retained, our firm’s discovery staff will begin gathering relevant evidence to establish the nature and extent of your injuries (i.e. medical bills, wage statements). We’ll also determine liability after scrutinizing the fault evidence obtained from the accident (i.e. police reports, photographs, surveillance footage.)
Next, your attorneys will make a demand to settle with the liable party or with his/her insurance company. You should expect the defendant to come back with an unacceptable offer which will provoke your Smith Law personal injury advocate to file a civil complaint with the Iowa district courts.
Your lawsuit will contain the requisite legal elements and arguments and supporting facts needed to move your case forward, where after the Smith Law Firm in Iowa will properly serve the defending parties a copy of your complaint and your demand for financial relief.
After service of process, pre-trial discovery begins where you and the defendant exchange knowledge and evidence for presentation at trial (i.e. depositions, interrogatories, and medical reports)
It’s during this phase that your skilled Smith Law personal injury attorney will most likely negotiate a full and fair settlement with the defendants, since 95% of parties in civil litigation settle their controversies during discovery.
Your lawyer will thereafter collect your settlement money from the defendant and deposit in an escrow account for immediate disbursement to you.
In the rare case that your lawsuit makes it to trial, the Smith Law Firm in Iowa will file the requisite post-trial motions necessary to collect any favorable judgment awarded to you.
Retaining Smith Law of Iowa Personal Injury Counsel
Specialized legal representation matters after suffering serious harm from an accident.We recommend that Altoona, Des Moines, Pleasant Hill, Ankeny and Bondurant citizens searching personal injury representation should only hire a tort litigator who:
Has years of experience in bringing personal injury action;
Knows how to secure full and fair compensation from big insurance companies.
Possesses impeccable negotiation skills; and,
Has earned high client satisfaction from tort plaintiffs living in greater Des Moines.