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Don't Get Cheated Out of the Compensation You Deserve
Personal injury law in Des Moines, Iowa
If you've been injured by the fault of someone else, you likely know that you are entitled to some compensation - but do you know just how much your case could be worth? Trust Duff Law Firm, P.L.C. to examine your case and set a real expectation for your personal injury claim. You may be surprised by how much your case could be worth.
Call today to speak with an experienced personal injury lawyer in Des Moines, Iowa about cases involving:
- Auto accidents
- Truck/semi-truck accidents
- Medical malpractice
- Slip and fall injuries
- Construction accidents
- Product liability
- Wrongful death
Find an Expert Personal Injury Attorney Near You
The personal injury attorneys at Duff Law Firm, P.L.C. have successfully recovered thousands of dollars for clients who have suffered negligence from a personal injury. We carefully take on each case differently and focus on your law issue while you can concentrate on healing and caring for your family. A personal injury claim process is very detailed and time consuming. See the below information to learn more about how we can help solve your personal injury claim.
Steps to a Personal Injury Claim
We want people in Iowa to understand that they have the right to sue if someone else’s negligent actions cause them to suffer an injury. Here are some of the details involved in pursuing a personal injury claim:
1. Choose the right personal injury attorney. Your first step in pursuing a personal injury case is to hire a personal injury attorney who has experience, a good record of results, good reviews from past clients, and someone you feel comfortable working with.
2. Acquire medical treatment. How well you recover from your accident injuries will have a bearing on how the injury has impacted your quality of life and your earning capacity. The personal injury attorneys at Duff Law Firm, P.L.C. will assess your current medical expenses and what they could be in the future.
3. Explore the accident. Your personal injury attorney will investigate your accident, collect evidence, consult with experts, and develop a strategy for representing your case.
4. Negotiate a settlement. Your personal injury attorney will begin negotiations with the at-fault party’s insurance company with a demand letter. The insurance company can either agree to the demand, or they can challenge it and engage in extended negotiations until both sides agree, or until negotiations break down.
5. Go to trial. If settlement negotiations are unsuccessful, the case will go to trial where the jury may decide liability and the amount of damages.
6. Collect and distribute the award. If your health insurance company covered your accident-related medical bills, the insurer may assert the right to recover what the insurance company spent from the settlement or verdict amount.
We want you to know that we are here to help! Call now to inquire about a consulation with our personal injury attorneys.
Don't let those responsible for your injury pay you anything less than the full amount you deserve. Call Duff Law Firm today to request your free initial consultation regarding personal injury law in Des Moines, Iowa.
Frequently Asked Questions
There are various ways that Personal Injury may result. Personal Injury may be caused by defective or dangerous consumer goods, motor vehicle accidents, slips and falls or even animal attacks. Personal Injury attorneys are experienced with recognizing the strengths and weaknesses of your case. They know before you pursue legal action if you have a potential case and what would be needed to make it stronger. Personal Injury attorneys work the experts in various areas that assist with intelligently investigating the technical and medical aspects of your case as well as investigators to complete all the details. Competent Personal Injury attorneys make certain all investigations in your case are completed to ensure everything is done precisely and correctly. If there is any possibility that you or a loved one was involved in a Personal Injury accident, it is imperative to contact a reliable Personal Injury attorney as soon as possible to guarantee all possible supporting evidence is acquired quickly.
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Personal Injuries from Dangerous or Defective Products
If you have been injured when using a product was in a defective or dangerous condition when you purchased it, you may be able to recover damages from the manufacturer or seller in a products-liability-based Personal Injury suit. The law on this is based on the responsibility of a manufacturer or other provider of goods to ensure they are providing safe products for the consumer. They will compensate users of the goods for injuries caused by defective or dangerous products if it is proven that placed them into the buyer's hands, making them accountable. Injured persons can be advised by competent Personal Injury lawyers that will know whether they may have a claim against a product manufacturer or seller and may assist them in recovery of the damages to which they are legally entitled.
The "Product Liability" law governs the liability of the manufacturer (or other provider) for products that injure anyone that uses them. This includes both manufacturers and dealers, as they are the ones that are in the best position to ensure the safety of their products. Any product produced and sold that has been determined to be dangerous leads these to be held accountable for consequential injuries. In order to find if it is the manufacturer or dealer that is responsible for an injury, it is best to consult a knowledgeable, experienced Personal Injury lawyer. It is the Personal Injury lawyer that should advise anyone on whether or not a claim against a product provider should be filed as they have the experience and ability to assist clients in obtaining settlements to recover the compensation to which they are legally entitled.
The Plaintiff's Burden in a Dangerous or Defective Product Personal Injury Case
Simply claiming a product was defective in design or production is not adequate for a product liability action. It has to be proven by the plaintiff that the manufacturer was at fault and the product caused the injuries. This includes that the product was used as intended by the manufacturer or the manufacturer should have been able to predict that the product could be "misused" and a warning should have been established in the literature or packaging of the product. The product's possible dangers are the manufacturer's responsibility. It is the plaintiff's responsibility to prove the product was the cause of the injuries with credible evidence. Design defects are much more difficult to prove. It often requires expert testimony and proof that the entire product line is subject to having the same defect, causing unreasonable hazards. Showing that the product was the single cause of the injuries may be complicated. If more than one cause is possible, it must be proven that the product defect was the main reason for the injuries.
DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
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Description
Injuries incurred on another's property may be the legal responsibility of the owners or occupiers of the property. Depending on the rules and principles in the jurisdiction where the injury occurred, liability for damages including lost wages and medical bills, as well as pain and suffering may be recovered. A competent Personal Injury lawyer knows the Premises Liability Laws and will able to determine if damages due to an injury caused by a slip or fall may be sought. Common causes of slips and falls include ice and snow, spilled liquid, uneven stairs and broken steps. Slips and falls are usually complex. There are several legal issues and complications that need to be addressed. Personal Injury attorneys with premises liability experience are best qualified to advise you on your rights and the possibility to obtain positive outcomes in slip and fall cases.
Liability Principles
No matter how a person ended up on your property, you may be liable for an injury. It doesn't matter if you invited someone onto your property (an invitee), someone comes onto your property with your permission for their own purposes (a licensee) or someone comes on without any permission (a trespasser). Owners are required to warn others of possible dangers, even trespassers, if it may be proven that you knew someone is likely to trespass on your property.
Premises Liability Laws in some states focus on the visitor's status on the property.
Licensees need to be warned of hidden dangerous areas, and the owner may not necessarily need to have these areas fixed. Trespassers may recover damages if they may prove the owner knew others would enter his or her property without permission. Even though proper warning signs need not to be placed in the case of trespassers, it is still wise to do so in case children wander onto your property. Children that are injured on your property are more likely to recover damages, even if they are trespassers. This fact increases the property owners duty to warn in the case of children.
The condition of the property and activities of the owners, visitors and licensees are given consideration in some states. Reasonable care must be given to any visitor or licensees, but not to trespassers. Owners must continually inspect property and repair or place warnings on any dangerous conditions. The injured party must show neglect to the standard of reasonable upkeep by the owner to prove a premises liability case and prove the owner had knowledge of the danger. The injured party must also show that they took reasonable care for their own safety. It is very difficult to prove owners knew of dangers and that injured parties took reasonable care to avoid the danger.
Personal Injury Cases
When someone slips on a foreign substance or due to a dangerous condition, and injures themselves when falling, they have a slip and fall Personal Injury case. Common causes of these are icy sidewalks, often in front of a business, or grocery store slips on various food items that have fallen on the floor. Owners of the property may or may not be liable for the damages due to these injuries. Even though they have a duty to maintain the property and exercise reasonable care to protect their consumers and other visitors, conditions of the property should be easily perceptible, as the injured parties have a responsibility to protect themselves against injuries.
The owners or possessors of the property may also avoid liability by showing that the danger had occurred without reasonable opportunity for the owner or possessor to clean up or fix the condition before the injuries occurred. This time frame may vary in each individual case, and it is the injured party that has to establish that the owner or possessor of the property had a reasonable period of time in which to find out about the danger and to place a warning about it or fix the problem.
DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
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In any case of animal attack, a Personal Injury attorney is best suited to examine the details in order determine the possibilities of filing a lawsuit to obtain damages from injuries incurred. The laws in each state vary slightly and Personal Injury attorneys experienced in animal attacks understand the intricacies that will determine what is needed to prove negligence.
Personal Injuries
It is not only dogs that are involved in animal attacks, other animals, such as cats, birds and others, may also attack, causing injuries in which a pet owner may be liable. In addition, there are undomesticated animals, such as reptiles and large cats that can attack, causing liability for their owners. Animal attacks bring injuries ranging from scratches to severe disfigurement as well as the possibility of rabies and other infections. Victims, particularly children, may have severe psychological damage shown in an increased fear of the animal or the situation where the attack happened. Laws regarding animal attacks differ in various areas and states. Personal Injury Attorneys experienced in animal attacks provide accurate advice for individual situations.
Burden of Proof
The victim has two main things to prove in an animal attack. The first is who the owners and keepers of the animal(s) are, and secondly, that they were negligent. The owner may be negligent either by not restraining the animal properly or that they knew, or should have known it was possible for the animal to be dangerous. Victims may recover damages without proving the animal was previously dangerous if it was found that the owner was negligent by not having the animal properly restrained. If the owner knew of the potential danger of the animal to others and did not complete common sense precautions to prevent injuries to others, the owner may be found negligent under any circumstances. Uncontrollable animals must be secured away from the public. A person may be a victim from being frightened by an animal, causing a slip or fall, not being actually touched by the animal. This type of victim needs to be able to prove that the animal's actions caused the injuries by its actions.
Owners of animals considered to be wild, including those in habitats, exhibits and zoos, are usually held strictly liable for any harm resulting from escaped animals. These animals may not be known to be normally dangerous while in captivity, yet it is recognized that they may return to behavior natural in the wild if they escape. If the animal is confined correctly on the owner's property, the owner may not be liable due to a victim's inappropriate actions that lead to an injury. A competent Personal Injury attorney will be able to assist in determining the owner's liability, as each case is dependent on the various factors.
Provocation of animals in any way may lead to denial of any claim for injuries, particularly if they know the animal is dangerous or have been warned of possible danger. Trespassers also may not be able to obtain positive judgments in many states, particularly if there are warning signs on the property.
Determining Fault
There are several items that are needed to prove legal responsibility for Personal Injury cases. These include that the owner and/or keeper of the animal knowingly failed to constrain the potentially dangerous animal and the injuries were due to this negligence. Victims also need to show the nature and extent of their physical and psychological injuries. It is still possible to receive some compensation even if there is a possibility the victim partially caused the injury. If a third party was responsible for the injuries, it is also possible in most states to receive compensation from them.
DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
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In all Personal Injury cases, if manufacturers, property or animal owners or other responsible parties are found to be responsible, they will pay damages, which may include past and future medical expenses, lost wages, and property damages. Compensation is also paid for pain and suffering to the victim as well as to family members if the injury caused a death. Other financial awards may be determined also.
DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
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Victims of Personal Injury deserve the best settlements. In order to do this, having a qualified, experienced Personal Injury attorney is essential. Personal Injury lawyers come in all shapes and sizes and varied levels of experience. If you are injured, you need as much assistance as possible, and with the finest representation. Do not choose the first one you find in a phone book without reviewing their qualifications, finding out about their experience and checking out references. There are several main items to look for when searching for the Personal Injury attorney that best fits your situation.
Find out about their verdicts and settlements. What is their track record in cases such as yours? Someone who has great results with traffic accident victims may not have needed experience in animal attack cases. A Personal Injury attorney experienced with slips and falls may have a "winning" track record, yet may not have sufficient settlements.
Experience, assessment and investigations in your case are critical. The Personal Injury attorney you choose should be experienced in your type of claim and will be able to assess your claim to show if it would be worthwhile and what would be needed to make it advisable to pursue. The investigative team of your Personal Injury lawyer is skillful in scrutinizing all aspects and technical detail of your case. The experience of your Personal Injury attorney will allow your case to flow smoothly through the extensive paperwork involved in your Personal Injury case.
Working with others is particularly important. Whether it is with opposing counsel, insurance companies, witnesses, your friends, family or anyone else involved, your Personal Injury attorney needs to be able to work effectively and efficiently. Opposing counsel and insurance companies have many tactics to pressure you to reduce and even deny your claims. Your Personal Injury attorney needs to be competent in dealing with these tactics. Your Personal Injury attorney will also be able to assist you in determining if you claim may be resolved in mediation, providing you with a satisfactory settlement outside of court to relieve you emotionally and save you time and energy.
The cost of losing your case could be substantial. Most Personal Injury lawyers work for a contingency fee. This means that they do not receive payment unless you win your case or receive a settlement outside of court. It also means that they believe in you and your case. There are expenses that you would still be charged for, such as those of expert witnesses that review your records, and other fees not directly related to professional fees. Do not let an attorney gloss over these expenses quickly. Review your signed agreements with another Personal Injury attorney if possible to protect yourself.
DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
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