Powerful Representation for Victims of Negligence
After an unexpected accident leaves you injured, it’s important that you know how to protect your rights. Personal injury law allows victims of negligent and wrongful actions to seek financial compensation for their damages—things like medical bills, lost wages, disability, and pain and suffering—by filing a claim against the at-fault person’s insurance company. However, many insurance companies do everything they can to avoid paying out these claims. They may try to dispute your injuries or argue that you were at fault for the accident. This is where the help of an experienced Des Moines personal injury lawyer comes in.
With over two decades of legal experience, Attorney Mark King spent the early years of his practice defending insurance companies against personal injury claims. He has an in-depth understanding of how these companies operate, as well as the tactics they use to dispute, devalue, and deny rightful claims. Now, he uses this knowledge to effectively advocate for injured Iowans throughout the Des Moines area. He has spent more than 13 years exclusively representing injured plaintiffs and has successfully secured millions of dollars for his clients.
How Long Do I Have to File a Personal Injury Claim?
According to Iowa Code section 614.1, injury victims have two years to file a personal injury claim before the statute of limitations ends. This means if you don’t file your claim within this time period you will lose your right to file a claim and recover compensation. There are, however, exceptions to this rule which can extend or shorten the amount of time you have to file a claim so it’s best to contact an attorney from our firm as soon as possible to discuss the specifics of your case. We offer free consultations, so you have nothing to lose. Call us today!
In personal injury law, the burden of proof rests with the plaintiff. In other words, it is the injured party’s responsibility to prove that they have a case and are entitled to compensation.
In order to prove a personal injury claim in Iowa, you must demonstrate all of the following elements:
- You Were Owed a Duty of Care: This means that someone else, be it another motorist or a property owner, had a legal responsibility to act in a way that did not cause you harm or to take reasonable precautions to prevent foreseeable harm.
- The Duty of Care Was Breached: This means that the other person/party failed to take necessary precautions to prevent foreseeable harm or failed to act in a way that did not harm others.
- As a Result, You Were Injured: You must show that you were injured and you must show causality between the breach of the duty of care and your injuries. In other words, you have to prove that the breach was the cause of your injuries.
- You Suffered Measurable Damages: “Damages” is a legal term that describes the losses you suffered as a result of your injuries. These can be either economic (medical bills, lost income, etc.) or non-economic (pain and suffering, emotional distress) in nature.
Notably, in the state of Iowa, you do not need to prove that another person was entirely at fault for your injuries. Under the state’s modified comparative negligence rule, you only need to prove that the other person/party was mostly at fault, meaning 50% or more to blame. If you were partially at fault (up to 49%) for the accident or incident that caused your injuries, you can still recover compensation, though your total recovery will be reduced in proportion to your liability.
The first step in your recovery is reaching out to a skilled Des Moines personal injury lawyer who understands how the process works and who knows how to fight for the fair recovery you deserve. Attorney King is ready to put his decades of experience and commitment to fighting for victims of negligence on your side. A lifelong Iowan, he is passionate about helping ordinary individuals in his community take on large, powerful insurance companies—and he knows how to win. Attorney King works tirelessly for his clients and will go above and beyond to ensure that their rights are protected.
You Can Trust Mark- Russ S.
Highly Recommend- Michael L.