car accident claims

Gourley, Rehkemper & Lindholm PLC - Attorneys At Law

car accidents - truck accidents - bus accidents - slip & fall - dog bites

According to the Iowa Department of Transportation there were 439 traffic fatalities in the State of Iowa in 2006.  In 2005 the National Highway Traffic Safety Administration (NHTSA) reported 6,159,000 police-reported traffic crashes resulting in 2,699,000 personal injuries and 43,443 fatalities nationwide.  That being the case, it is not surprising that lawsuits arising out of motor vehicle accidents are far and away the most common cases in our civil justice system today. 

Contact the attorneys at Gourley, Rehkemper & Lindholm for a free initital consultation, and to protect you and your family’s rights.

1-877-475-5297
1-877-GRL-LAWS

Liability Resulting From Lack of Reasonable Care

Whether or not an injured person is entitled to compensation for injuries arising out of a motor vehicle accident depends upon a number of things but the single most important factor is commonly referred to as liability.  A person or corporation is “liable” for injuries caused to another when they fail to exercise “reasonable care.”  At times liability is easily established through traffic citations issued by a responding officer for a violation of any rules of the road.  Other times the liability determination is much more difficult when there is a dispute as to what actually took place.  The majority of serious accidents fall under this category.  This is where having an attorney from Gourley, Rehkemper & Lindholm, that is knowledgeable in both the law and science becomes a great advantage.   Additionally, bringing in expert witnesses who have an even greater specialization and understanding of the science, early on provides a substantial benefit.  Insurance company’s defending these cases have their experts working hard to protect their interests, you deserve the same.

Proximate Cause Of Injuries

Once liability is established there are additional hurdles to be cleared prior to being entitled to compensation.  Proximate cause is another issue.  The injuries sustained must have been the proximate cause of the negligence of another.  For example, if you had constant back pain before the accident and the back pain is the same (not worse) after the accident, then it is hard to say that the back pain was a proximate cause of the accident.  This is where providing accurate and thorough medical history to medical professionals and your attorney becomes very important.  If injured, prompt medical attention is a must.

Dollar Value Of A Claim

The final issue that arises once liability and proximate cause are established is how much is the claim worth.  The honest answer to this question is . . . it depends.  It depends upon a number of variables beginning with the strength of the liability case and ending with the extent of your injuries and medical expenses incurred.  There is no set formula for making this determination.  However, the strongest cases have well documented liability with injuries that are without-a-doubt, were proximately caused by the accident.  This is why it is so important to have a quick and effective investigation and to document occurrences and injuries as thoroughly as possible.  It is also important to understand that a claim can quickly diminish in value if there is reason to question the injured person’s integrity.  Nothing sinks a case faster then an unbelievable plaintiff.  Failing to disclose prior injuries or medical conditions, not seeking treatment when recommended, or misrepresenting facts or symptoms can spell disaster to any claim.  Complete honesty with your attorney and insurance companies is the only way to go.  We can work with the facts, but surprises sink a case.

Determining if you have a claim

If you are one of the unfortunate ones who was injured or had a family member or loved-one injured or worse yet killed, in a car, semi, bus or motorcycle accident do not hesitate to contact a qualified attorney to protect your legal rights.  Obtaining the services of a qualified lawyer is the best way to ensure that you receive the compensation that you are entitled to.  If you have already been injured in a traffic accident you owe it to yourself, your family and your loved ones to learn about the available options.

From our offices in Des Moines, Iowa, we give high-quality representation to people throughout the State of Iowa, including Polk, Warren, Dallas, Boone, Story, and Marion counties, and the cities of Des Moines, Ames, Indianola, Adel, Boone, Nevada, Urbandale, West Des Moines, Waukee, and Knoxville