Waukee Personal Injury Attorneys

Life can be abruptly disrupted by accidents and injuries. In these challenging times, personal injury lawyers are crucial. They specialize in representing victims of negligence, ensuring they get rightful compensation. This article explores the important role personal injury lawyers play in guiding individuals through their claims and aiding them in reclaiming their lives.

Damages in Dramshop Claims

In Iowa, the damages that one would obtain in a personal injury claim are similar to those in a dramshop claim. These damages include:

1. Medical Bills: Covers all medical expenses related to the accident, including rehabilitation costs.
2. Pain and Suffering: This encompasses physical and emotional suffering, such as PTSD or trauma from permanent injuries.
3. Lost Income: Includes wages or earnings lost due to the injury, including benefits like medical insurance or retirement contributions.
4. Property Damage: Repairs or replacement of damaged property, such as a vehicle involved in the accident.
5. Wrongful Death: This applies to family survivors and includes medical and funeral expenses, lost future income of the deceased, loss of consortium, and related expenses.
6. Punitive Damages: Awarded if the defendant showed willful disregard for the victim's safety, in addition to actual damages.

Basics of Dramshop Law

A dramshop claim is filed against a person or business with a liquor license for serving excessive alcohol to an individual, leading to an accident causing injury or death. Specific legal requirements and liability variables are outlined in Iowa Code § 123.92 and subsequent legal rulings.

Filing a Dramshop Claim

1. Notice Requirement: Victims must provide written notice of intent to file a claim within six months of the accident, with precise information.
2. Statute of Limitations: The deadline to file the injury claim is two years from the accident date.

Victims can sue both the establishment serving alcohol and the drunk driver, with each party potentially liable for damages.

Dealing with Insurance Adjuster Tactics

1. Access to Medical Records: Adjusters may seek access to extensive medical records to minimize claims.
2. Low-Ball Offers: Offering quick, low settlements to close cases and prevent future claims.
3. Surveillance: Placing victims under surveillance to gather evidence against them.
4. Discouraging Legal Representation: Advising against hiring a lawyer to handle claims.

Protecting Yourself

1. Know Your Rights: Understand your insurance policy coverage and rights.
2. Refuse Unauthorized Requests: You have the right to refuse release of unrelated medical records.
3. Be Cautious: Assume surveillance and follow medical advice to avoid compromising evidence.
4. Consult a Lawyer: Don't sign agreements or settle without consulting a legal expert.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.