Personal Injury Lawyer In Des Moines, IA
If you have been injured, or a loved one has been killed, in an accident caused by someone else’s negligence, you have the right to pursue justice and full compensation for your medical expenses, lost wages, rehabilitative therapy, property damage, and pain and suffering.
At Carter Law Offices, P.C., our accident lawyers have 40 years of combined experience helping injured clients protect their rights. At our firm, you will find a professional team of attorneys experienced in the complexities of litigation and courtroom strategies. Our long history of success in complicated and challenging matters sets us apart from other firms and provides our clients with a distinct advantage at every stage of their cases.
Iowa has a two-year statute of limitations for personal injury claims. Contact us today to learn how to protect your rights.
Why Is It Important To Have Legal Representation From A Local Law Firm?
Over the past several years, ads for personal injury law firms have been all over television and radio broadcasts. It is important to understand what a small local law firm offers that large firms cannot.
At Carter Law Offices, P.C., we provide exceptional, personalized client service that residents in our community have come to expect out of a Des Moines business. We know the local roads, courts and expectations from local insurance companies on the other side of the table. Your case will never be put on a conveyor belt. We fight to help you get the highest possible compensation your case deserves.
Our personal injury lawyers in Iowa and Nebraska provide strong yet compassionate representation to injured clients in a broad range of matters. When members of our community are injured as a result of roadway collisions, medical negligence, cases of abuse or neglect in a nursing home and other accidents, we stand up for their interests.
We Will Deal With The Insurance Companies
Many severe injuries will not manifest themselves until months or even years following the injury event, and they may require a lifetime of medical treatment and rehabilitative care. This is especially true of brain and spinal cord injuries. The insurance companies will likely try to minimize your claim or get you to take an early settlement that will not provide you with adequate compensation to fund your short- and long-term needs.
Carter Law Offices, P.C., can help. Insurance companies and opposing counsel recognize that we are not afraid to take cases to trial. Even if your case settles out of court, our trial experience enables us to negotiate from a position of strength in our efforts to obtain a fair settlement for you.
Pursuing Justice After The Loss Of A Loved One
Unfortunately, accidents are sometimes fatal. If you have lost a loved one as a result of the irresponsible actions of another person or company, a wrongful death lawsuit can help you hold them responsible. A claim can also provide compensation for medical costs, funeral expenses, the lost income your loved one would have earned as well as the suffering you experience as a result of your loss.
At Carter Law Offices, P.C., we understand that an accident can deeply impact the loved ones of the person who passed away, especially their parents, spouse or children. We have a proven track record of success in complex injury cases, and we are dedicated to helping families seek justice during this difficult time.
Personal Injury Settlements Versus Trials: Which Is Better?
Pursuing a personal injury claim often includes deciding between taking an out-of-court settlement offer or going to trial. There are considerable pros and cons for both, and only a skilled personal injury attorney can help you determine what’s the best path for your case.
The Settlement Process
After your accident, you should prioritize seeking medical attention and informing your insurance about the incident. Your next step should be to find an experienced attorney who can guide you through pursuing a personal injury claim. Once you have acquired an attorney, they will take the time to investigate your case. This includes gathering relevant information and evidence, such as police reports and medical bills. They will then send a demand letter to the other party’s insurance company detailing your complex injuries and other damages.
The other party’s insurance company and legal team will review the demand letter. This is often when both parties’ attorneys will go back and forth to negotiate a favorable outcome that satisfies each party. If your lawyer is able to come to favorable terms, then you’ve reached a settlement. Your lawyer will then prepare a settlement agreement that outlines what was discussed during the negotiation.
Most personal injury claims are resolved through the settlement process.
The Trial Process
However, if your attorney is unable to come to a satisfactory settlement that covers all your damages, you may have to go to trial. The trial process can be complex, lengthy and expensive. Your attorney will have to file your claim with the court, and once filed, you enter the pretrial stage. This includes the discovery process, which is when your lawyer will gather information, interview witnesses, create depositions and collect other evidence that will bolster your case.
Once discovery is complete, we will begin the trial, which includes choosing a jury, opening statements, witness testimony, cross-examination, rebuttal and closing arguments. Depending on the complexity of your case, the trial process can take days before both parties rest and the jury begins deliberation. When the jury concludes deliberation, the judge will announce the verdict.
If you lose your case, you may have an opportunity to appeal. However, if the opponent loses, they may also appeal, which can lead to your case continuing for much longer than you expected.
Deciding between taking a settlement or going to court greatly depends on the specifics of your case. A jury may be sympathetic to your claim and grant you a satisfactory outcome, or you may decide a settlement offer is enough if you want to avoid going to trial. Settlements are often faster and less expensive than going to court, but trials allow you to publicly hold the other party accountable for their actions and often result in higher compensation.
By working with the experienceds attorneys at Carter Law Offices, P.C., you can rest assured that we have your best interests at heart. This means we will consider all the factors when negotiating and determine whether taking a settlement or going to court is the right option. If we do go to trial, we will aggressively litigate your case to achieve the maximum compensation possible.
Answers To Frequently Asked Personal Injury Questions
Below, we’ve answered some of the most common questions clients ask us. After reading, we invite you to ask your own questions during a free initial consultation.
What is the statute of limitations for a personal injury claim in Nebraska and Iowa?
The statute of limitations is the time frame in which a court will hear your personal injury claim. If you try to begin litigation after the SOL has expired, you likely forfeit the right to sue. In Iowa, the personal injury statute of limitations is generally two years from the date of the accident. In Nebraska, you typically have four years from the date of the accident to pursue litigation.
Regardless of the statute of limitations, it is in your best interests to seek legal help as soon as possible. This allows your attorney to thoroughly investigate the case, preserve evidence, coordinate with eyewitnesses and more.
What do I need to provide when putting together a personal injury case?
It differs a little bit in each case, but you’ll generally need to show that the other party was at fault and provide evidence of the harms and losses you’ve suffered. Your attorney will work with you to gather medical bills and bills related to property loss. They will also know how to calculate lost wages from time spent unable to work. Your lawyer will then help you calculate noneconomic damages, such as pain and suffering and loss of enjoyment of life.
What are the car accident fault laws for Nebraska and Iowa?
Both states have very similar laws related to fault for car accidents and negligence in general. Iowa and Nebraska are both considered “fault” states, meaning that the driver who is primarily responsible for the accident (and their insurance company by extension) is responsible for paying the costs related to the crash.
Both states also recognize the legal principle of modified comparative negligence. This means that if both you and the other driver shared fault for the accident, you could still recover money as long as you were less than 50% at fault. However, your compensation would be reduced by the percentage of fault assigned to you. If you were deemed 20% to blame, for instance, you could recover 80% of the total amount you were seeking.
How long does a personal injury case typically take?
It depends on the case, and each case is different. The vast majority of personal injury claims are settled out of court without the need for a trial. That being said, even a settlement can take significant time if there are details that need to be worked out or disputes over certain aspects of liability.
Our attorneys cannot guarantee an outcome or a timeline – no lawyer can do this. However, we can assure you that we will work toward an efficient resolution (usually a settlement) and will fight to maximize your compensation.
What are the damage caps for Nebraska and Iowa personal injury cases?
Damage caps are laws that limit how much a plaintiff can recover in certain types of injury or tort claims. They are arbitrary, in that they place an artificial limit without regard to the details of any given case. Many critics rightfully point out that damage caps infringe on an injured person’s right to a jury trial while doing almost nothing to bring down the costs of health care.
Both Iowa and Nebraska have introduced damage caps but only in cases of medical malpractice. In 2023, Iowa’s governor enacted updated legislation that places caps on noneconomic damages like pain and suffering, emotional distress and loss of companionship. Those caps are set at $1 million for claims against individual doctors and clinics and $2 million for claims against hospitals.
Nebraska’s laws are even more restrictive, in that caps apply to both economic and noneconomic damages. Regardless of how severe and life-changing their injuries are, plaintiffs cannot receive more than $2.25 million in combined damages.
Contact Carter Law Offices, P.C., For A Free Consultation
If you have suffered an injury because of someone else’s negligence, we invite you to call our offices at 515-644-4871 or 402-979-8675 or contact us by email to schedule a free initial consultation. In-home, weekend and evening appointments are available upon request.