When involved in an accident that results in an injury, many people aren’t sure what their rights or options are.
While paying for injuries caused by another may feel wrong, an individual may be unsure of the legal landscape that allows them to seek damages from the at-fault party.
At the office of VanDerGinst Law, our Cedar Rapids personal injury lawyers can assist you in navigating your rights and bringing forth a claim for damages.
Our Areas of Practice at our Cedar Rapids Office
Our lawyers have years of combined experience representing those who have been harmed in accidents that occur through no fault of their own.
We know how shocking and frustrating suffering a serious injury–especially one caused by another’s negligence–can be, and we are committed to helping you recover the compensation award you deserve.
Our practice areas include:
- Products liability;
- Wrongful death;
- Motor vehicle accidents;
- Workers’ compensation and workplace accident claims;
- Premises liability;
- Intentional torts;
- Defamation and slander claims;
- Medical malpractice;
- Pedestrian, motorcycle, and bicycle accidents; and
- Truck and commercial vehicle accidents.
The above list is not inclusive – if you believe that you have suffered injuries that you would not have incurred but for the negligence of another party, we want to help. Please reach out to us today to learn more about what we can do for you.
Winning Your Personal Injury Claim – Determining Fault and Proving Causation
Bringing a claim that is successful requires an attention to detail and an understanding of the four primary elements of a personal injury claim – duty of care, breach of duty of care, causation, and damages.
We know that as you recover from your injuries, focusing on these elements may feel overwhelming. We will focus on the details while you focus on healing. That being said, it’s important that you understand some of the basics of the claims process, as well as what you’ll need to prove and how to determine fault.
In Cedar Rapids, a person can bring a personal injury claim (a type of civil, not criminal, action) against another when the other person’s negligence leads to harm.
In order to win your suit, you’ll need to prove that:
- The party breached the duty of care owed to you. One of the most important parts of a claim is determining whose fault caused your accident and injuries, as well as gathering evidence to prove that this party breached the duty of care owed to you. This is typically referred to as negligence, which is the failure to act with the degree of care required for a given situation. Examples of negligence that can lead to harm include violating traffic laws, failing to maintain a property in a safe condition, failing to place a warning label on a product, and many more.
- The party’s fault/negligence was the cause of your harm. The second thing that you must prove in order to recover compensation from the at-fault party is that the party’s negligence/breach of duty of care was the proximate cause of your damages. You only need to prove this by a preponderance of the evidence, which means that you must have evidence proving that it is more likely than not that causation of your injuries is the defendant’s fault.
Statute of Limitations in a Personal Injury Case
Another important consideration when pursuing a personal injury claim in Iowa is that of the statute of limitations.
The statute of limitations is a cap on the amount of time that you have to pursue a civil action against the at-fault party, starting from the date of the cause of action or the date of discovery of the cause of action.
This time limit is two years. You must file your suit within two years from the date of your accident / injuries. If you fail to file your lawsuit within the two-year time limit, you can be permanently barred from recovery.
If you are filing a claim against a government entity, the statute of limitations is reduced to one year.
Call Our Cedar Rapids Personal Injury Lawyer Today
If you have been seriously injured and you think that another person or party is to blame, you need a personal injury attorney.
Our Cedar Rapids, Iowa injury attorneys at the office of VanDerGinst Law are available and ready to review your case free of charge today.
We will provide you with the information that you need to make an informed decision about pursuing a claim.
The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.