Under Iowa law, victims of unexpected accidents and wrongful acts may be eligible for legal action. If you are injured due to the negligence or carelessness of another person or entity, you have the right to file a personal injury lawsuit and recover compensation for your losses. In these situations, trust the Davenport personal injury attorneys at Duncan Law Group.
Our Davenport, IA personal injury lawyers have recovered tens of millions of dollars on behalf of our clients. During each stage of your claim, we will fight tenaciously to protect your best interests and your right to a maximum settlement.
A personal injury occurs when someone sustains damage to his or her mind or body. If this injury is caused by negligence, professional malpractice, or an intentional violent act, the victim could pursue a personal injury lawsuit against the at-fault party in civil court. Property owners, motor vehicle drivers, healthcare providers, and many other individuals and entities may be liable for a personal injury.
At Duncan Law Group, our Davenport injury attorneys handle a wide range of personal injury claims, including the following:
By filing a lawsuit, you can recover compensation for the financial, physical, and emotional damages that you experienced. These losses may include medical expenses, lost wages, property damage, chronic pain, and emotional distress. To recover this compensation, however, you and your attorney must establish the at-fault party’s negligence.
In particular, you will need to gather enough evidence to prove four elements: duty, breach of duty, causation, and damages.
First, you will need to prove that the at-fault party owed you a duty of care at the time of the incident. This duty will vary based on the circumstances surrounding your accident. Your Davenport personal injury attorney can help you identify whether a duty of care is present.
For example, all property owners have a duty to maintain safe premises, warn visitors of potential hazards, and respond to dangerous conditions within a reasonable timeframe. Drivers have a duty to follow traffic laws and drive safely.
After establishing the at-fault party’s duty, you must prove that he or she breached it in some way. The at-fault party may breach the duty of care by committing a negligent act or failing to act when he or she should have.
For example, a property owner who ignores tenants’ repeated requests to repair a broken porch breaches his or her duty of care to maintain safe premises. A driver who runs a red light violates Illinois traffic laws and therefore breaches his or her duty of care.
Next, you must show that the at-fault party’s breach of duty directly caused your accident and resulting injuries. The personal injury would not have occurred if not for the at-fault party’s actions or failure to act.
For example, a property owner who fails to repair a broken porch would be liable if the porch broke under a tenant and caused him or her to break a leg. If the owner had responded to the repair request within a timely manner, the porch would have been repaired and the accident would not have occurred.
Finally, you will need to prove that you sustained damages in the accident that you can collect in your lawsuit. In Illinois, you can hold an at-fault party accountable for your non-economic pain and suffering as well as economic losses, such as medical expenses, lost wages, and property damage.
If you plan on filing a personal injury lawsuit, you need a lawyer on your side. The litigation process can be complex and overwhelming, especially after a recent injury. Your lawyer will handle all aspects of your claim on your behalf, allowing you to focus on healing and recovery.
By hiring an attorney to represent your Davenport personal injury lawsuit, you can receive valuable benefits to support your claim.
You have a limited timeframe in which to file a personal injury lawsuit. According to Iowa’s statute of limitations for personal injury cases, you must file your claim within two years of your accident. If you do not file within this period, the court will most likely dismiss your case. To protect your right to recovery, speak to a lawyer as soon as possible and identify your filing deadline.
If you are injured by a negligent driver, you may be eligible for legal action. In these situations, the lawyers at Duncan Law Group can represent your case and help you secure the award that you deserve. Contact us today to schedule a free consultation and discuss your next steps.