Des Moines, Iowa, Personal Injury Attorneys

“Personal injury” claims are a broad category of lawsuits that deal with any type of injury to the human body. Claims can result from a physical injury such as a concussion, spinal cord injury, or broken bones. They can also result from an injury to a personal right, such as the right to privacy, mental suffering, or emotional distress. 

Iowans who file a personal injury claim could receive compensation that includes:

• Past and future medical expenses
• Past and future lost income
• Past and future pain and suffering
• Past and future loss of function, permanent disfigurement, or scarring
• Funeral expenses
• Property damage

While we fight hard on your behalf, we know that no amount of financial award can return your situation to the way it was before. That’s why we’re focused on providing thoughtful, sensitive guidance as you navigate your unique circumstances. 

This often-overlooked step is vital to your lawsuit. Before filing, it’s important to fully investigate the incident to ensure that:

1. You sue the right parties.

2. They are sued for the right things.

3. The lawsuit is filed correctly. 

Sometimes, in a situation like a simple rear-ender accident, the injuries may be relatively straightforward and the necessary investigation limited. Other times, such as in a semi accident with fatalities, the investigation may be so complex that it is necessary to get experts involved before the lawsuit is filed. 

Filing your petition will start the lawsuit process. The petition lays out what occurred from your perspective and why you are entitled to compensation. It must also specifically request that the matter be presented to a jury. Otherwise, a judge would decide the case alone which is generally thought to be less desirable in car accident cases.

The defendant then has the opportunity to respond with a responsive pleading generally in the form of an Answer. The defendant responds to each allegation and alleges defenses to the allegations. They purport to establish, if proven, that they are not responsible for your (the plaintiff’s) injuries or that the plaintiff was not injured. After the initial pleadings are filed, the issues that are in dispute and must be litigated are (at least in theory) clear, and the lawsuit enters the discovery phase.

Discovery is the process where we get information from the other side of a lawsuit. Discovery takes a number of forms, but those most often used are:

– Interrogatories: Written questions that are provided to the other side in a lawsuit that must be answered honestly and under oath. Each side can initially ask 30 questions, but sometimes there may be fewer or more depending on the circumstances.

– Requests for production: Requests for copies of documents and inspection of tangible things that need to be seen or analyzed. These are not limited and often include the exchange of documentation such as medical records, medical bills, police and investigative reports, exhibits that may be used in trial, and more.

– Depositions: Depositions are statements taken by an attorney of a party or witness, under oath and often in person. It’s often easiest to simply ask someone questions about a matter in person so that if you need more information or something explained in more detail, they can do so. Depositions are often taken of the parties, eyewitnesses, and doctors, among others.

After discovery is completed, sometimes cases resolve. If they don’t, each side has to prepare for trial. Certain motions or individual requests for the court to do something or make a specific ruling are often brought prior to trial. Having an experienced personal injury litigator is important not only to know the procedure but to present the legal arguments necessary to ensure that your case gets presented to a jury and all important evidence is presented.

Trial is the time where each side gets to present all admissible evidence to a fact finder, generally the jury, and ask that the jury find in their favor. The plaintiff puts on all its evidence first. The defense then gets to put on evidence and rebut the plaintiff’s evidence. Then, generally speaking, the plaintiff then gets to go one more time. There are opening and closing statements and the jury then decides who wins. 

Jury trials have been said to be “popularity contests” between the parties and the attorneys involved. This is why it is so important that you choose counsel that is best suited to prepare your case to be successful, whether it’s in pretrial settlement or an award from a jury.

Cases can, in certain circumstances, be appealed. However, if you do not win at the trial, the case is almost always over for the plaintiff. This is why trials can be risky.