Loss of Use/Disability

Much attention is paid to out of pocket expenses also known as hard damages or specials in a claim for a serious injury, and rightfully so.  These aspects of a claim can comprise a significant sum of the reimbursement.  Additionally, many folks are familiar with the term pain and suffering.  For a more detailed expiation of pain and suffering, click here.  There is another aspect of a claim and a particular type of damage to which Iowans are entitled that many are not nearly as familiar which under Iowa law is called loss of full mind and body.  This is in addition to and different from pain and suffering. 

For illustration, let’s say you break your leg in a fall at a construction site that you were invited to tour.  That obviously causes serious pain both physically and emotionally at the time of the fall, while you are being treated, and while you are recovering.  You are entitled to reimbursement for that pain and suffering.  But you also cannot use your leg.  You can’t walk most likely or if you can, it is slow and labored with the use of crutches.  Well in Iowa you are also entitled to reimbursement for losing the ability function as a normal person would for so long as it is an issue.  This is loss of full mind and body.  Consider if you have a job that requires you to be on your feet all day or continuous use of that leg such as a nurse, a hairdresser, s physical therapist, a firefighter, or a professional basketball player?   These damages can really start o add up the more significantly and longer it affects your life. 

Now what if the injury suffered in a fall or other accident was is a traumatic brain injury?   The loss of the use of you mind can be even more catastrophic.  If you are an engineer or IT professional, or surgeon, your career could be over.  Disability refers to a situation where there is a permanent effect from an injury on a person life.  It doesn’t have to be a total disability either.  Certainly losing the use or function of limbs or the mind are some of the most catastrophic effects of a severe injury.  But losing a finger or the feeling in a hand due to nerve damage can last as long even if it does not result in completely or permanently incapacitated.  Disability is an extreme result of an accident and accordingly one that results in substantial reimbursement.  However even a permanent disability must be it addressed correctly in a claim by an expert claimants attorney or the reimbursement is likely to be much less than what is deserved and the law allows for.      
 

Have you lost a loved one due to someone else's
negligence or recklessness

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Have you lost a loved one due to someone else's
negligence or recklessness

CONTACT US


FREE Consultation

Local: 515-226-0500
Toll Free: 1-877-GRL-LAWS