I want you to know that if you are injured
through no fault of your own but by someone
else's negligence, Iowa law may entitle you to recover various types of damages:
Damage To Your Vehicle Or Other Personal Property: You are entitled to be made whole for any damage to your personal property. When your vehicle can be repaired, you are entitled to recover the reasonable cost of restoring the vehicle to its condition before the collision. In addition, you may recover the cost of substitute transportation necessarily incurred while they are repairing your vehicle. If the cost of repair is more than the value of your vehicle (a "total loss"), you are entitled to recover the full value of your vehicle before it was damaged.
Medical Expenses: The cost of all reasonable and necessary medical expenses incurred and that are reasonably certain to be incurred in the future because of your injury, are recoverable. These expenses include past (already-incurred) medical expenses and also future medical expenses, which may be the product of the original injury or that result from an increased susceptibility to future injury. All forms of care and treatment, whether hospital, medical, therapy, nursing, diagnostic testing, surgery, physical rehabilitation or pain management are included. You can recover the full value of your medical expenses from the responsible party even if your health insurer has paid all or part of your bills.
Loss Of Earnings: You are also entitled to recover the loss of earnings suffered from your injuries. Thus, wages, commissions, bonuses and all other earnings and fringe benefits are recoverable.
Future Loss Of Earnings: If your injuries permanently limit your ability to earn, you can recover the value of the reduction in earning capacity with reasonable probability which will occur in the future. These damages compensate you for your lost earning power over the remainder of your working years.
Pain And Suffering: Ordinarily, the most "valuable" element of your bodily injury claim is the right to compensation for physical pain and mental anguish you have suffered and will endure in the future because of your injury. These general damages are in addition to and may be far more than the amount of your lost earnings and medical expenses.
Death: Damages for "wrongful death" are available for the wife, husband, parent and child of the deceased person. Sometimes, persons related by blood or marriage, who were dependent upon the deceased, may recover. Damages are not limited to economic loss and may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance or education. Damages are available for the deceased's estate as well.
Disfigurement: If the injury causes scarring or other unsightly marks, you are entitled to recover for the disfigurement and humiliation or embarrassment associated with the disfigurement.
Damage To The Marital Relationship: Serious injuries to one spouse may cause damage to the marital relationship. If this occurs, you are entitled to recover for the loss of society, affection, assistance, conjugal fellowship and loss or impairment of sexual relations that occurs.
(WARNING: CHANGES IN THE LAW CONCERNING DAMAGES OCCUR FREQUENTLY. YOU SHOULD CONSULT WITH AN ATTORNEY WITH RESPECT TO THESE CHANGES.)If you have recently been injured in an auto accident because of someone else's fault, you are probably confused or worried about what steps to take next:Will I be paid for the time I'm losing from work?
Will my medical bills be paid?
What do I do if the person who hit my car doesn't have auto insurance?
Will my car be repaired?
What if I don't make a full recovery and cannot return to my former work?
What will the insurance company offer me for my personal injuries?
How will I know that the insurance settlement is fair for my injuries?
How will I know that the lawyer I've chosen to represent my case is a competent lawyer and will know what to do?
How will I be able to know if I don't have a competent lawyer?
Unfortunately, I see way too many people misinformed about their rights after being injured. I have seen honest, hard working, unsuspecting people being taken advantage of by uncaring insurance companies. I have heard too many horror stories of injured people losing what they rightfully deserve because a big insurance company intimidated them or a lawyer who didn't know any better "sold" them an unfair settlement. Each year I hear of many cases where an injured person is entitled to receive compensation for injuries, but never takes any action to submit a claim to get what they truly deserve. These days, doing nothing at all is one of the worst things you can do. It's hard enough to make ends meat these days and getting injured shouldn't have to make matters worse.
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