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No one expects to sustain catastrophic injuries in an accident, but it does happen. When you sustain severe injuries in these accidents, you’re likely to be in incredible pain and have to pay out the nose for medical treatments. You may lose income while you’re recovering, as well.
These costs can rapidly add up, leaving you financially vulnerable. Fortunately, a catastrophic injury lawyer can help you pursue compensation for losses endured in a Council Bluffs accident. We can help you file a claim and offer you legal advice as your fight for support progresses. Come discuss your case with a personal injury lawyer today.
The Catastrophic Injuries Claims Process in Council Bluffs, IA
After a catastrophic accident, it’s easy to blame the whole world for your losses. In reality, you have to provide evidence of negligence if you want to take a negligent party to civil court. You don’t have to find that evidence on your own, though. Instead, our team can investigate the allegations you want to bring against an allegedly-liable party.
In Iowa, you can prove negligence by presenting evidence of the following after a catastrophic injury:
- Duty – an at-fault party has to owe you a duty of care. For instance, a driver should drive safely and within the recommended speed limit.
- Breach – the defendant violated or breached the duty of care initially owed you due to their reckless or negligent actions. For example, if that driver drives recklessly or without regard for other users, this is a breach of duty.
- Causation – if the defendant’s actions led to an accident and injuries, they caused you harm through their negligent actions.
- Damages – if you, the plaintiff, had to pay for property damage, treatment, and losses, then the defendant’s actions are said to have led to damages.
With evidence of all four of these elements in hand, your Iowa catastrophic injury lawyer can then pursue your claim and demand compensation.
Damages You Can Recover in a Catastrophic Injury Claim
Your burden, as an injured party, also requires you to submit evidence of your case’s value before it goes before a judge or jury. To establish an estimate of the compensation you may be owed after a catastrophic injury accident, a personal injury lawyer can evaluate the dollar value of your losses.
Calculating Your Economic Damages
Your economic damages largely consist of the financial expenses you have and may incur in the future because of your severe injuries. These include:
- Medical treatment and hospital costs
- Rehabilitative care costs
- Cost of future treatments
- Mobility aids and assistive equipment like a wheelchair
- Home and/or vehicle modifications for easier accessibility
- Loss of income
- Diminished income-earning ability
- Out-of-pocket costs
We calculate the value of these expenses by assessing your related bills and establishing a related sum. That estimate serves as a baseline for the damages we go on to request in your catastrophic injury case.
Calculating Your Non-Economic Damages
A catastrophic injury’s non-economic damages do not generate bills like economic losses. Instead, these are subject to your accident. The damages you may have the right to file for can include:
- Pain and suffering
- Emotional anguish
- Mental anxiety or distress
- Physical disfigurement and scarring
- Temporary or permanent disability
- Loss of companionship
- Loss of consortium if you have a spouse
When Is the Best Time to File a Personal Injury Claim?
The sooner you get in touch with a catastrophic injury lawyer after a Council Bluffs accident, the better. Iowa’s statute of limitations caps your right to act at two years, meaning you have a limited amount of time in which you may bring your claim forward.
While you do not need to use your full time limit to pursue a claim, you need to factor recovery time into your filing timeline. Similarly, bystanders’ memories of your accident can fade the longer you take to develop your case. A liable party involved in your accident may even use your filing delay to destroy or alter evidence of their own fault.
With that in mind, filing a personal injury claim shortly after your catastrophic injury accident can allow you to more readily fight for a fair settlement. You can meet with a catastrophic injury attorney within days of your losses to discuss how you want to approach your case.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Contact a Skilled Catastrophic Injury Lawyer
If you want to bring an at-fault party to court for your catastrophic injury accident, the Berry Law team can help you make your case. Whether you want to negotiate your settlement outside of the courtroom or request the oversight of a judge or jury, we can give you the tools to move your case forward.
Our team of catastrophic injury attorneys wants to help Council Bluffs accident survivors like you hold a liable party responsible for their negligence. Get in touch with us today at Berry Law for a free, no-obligation consultation. We are available to schedule your case consultation online through our website’s contact form or over the phone.