Attorney at Mueller, Schmidt, Mulholland & Cooling
Practice Areas: Motor Vehicle Accidents, Workers Compensation, Personal Injury
In August 2022, a 51-year-old Des Moines firefighter, Randy Hartley, brought a lawsuit against Panda Express, stating he consumed broken glass pieces in his meal, accusing the California-based fast food chain of negligence in a U.S. District Court lawsuit. According to Hartley, he visited a Panda Express branch in West Des Moines on Jan. 27 and bit into a piece of glass roughly the size of a quarter, resulting in a chipped tooth. Subsequent to the incident, Hartley experienced severe abdominal pain, and required dental work to repair two damaged teeth.
Understanding personal injury is the first step in dealing with a personal injury claim. In the simplest terms, a personal injury is harm or damage caused to a person, either physically or emotionally, due to someone else’s negligence or intentional actions. Negligence is when someone fails to act with reasonable care, causing harm to another. For instance, if a driver is texting while driving and hits a pedestrian, that’s negligence. On the other hand, intentional actions refer to situations where a person purposefully causes harm, like in cases of assault. Understanding these terms helps clarify what falls under personal injury and sets the stage for the claim process.
When to File a Personal Injury Claim: Knowing the Right Time
Knowing when to file a personal injury claim is a crucial part of the process. As soon as an injury occurs, the clock starts ticking. Iowa law states that a personal injury claim should generally be filed within two years of the date the injury occurred. This period is known as the statute of limitations. If a claim is not filed within this time, the chance to seek compensation might be lost. It’s also worth noting that filing the claim sooner rather than later can be beneficial. This is because details are fresh in the mind and gathering evidence becomes relatively easier. Therefore, timeliness is key when dealing with personal injury claims.
Understanding the Legal Process: From Filing to Resolution
Once a personal injury claim is filed, it enters a structured legal process. The first phase typically involves an exchange of information between the two parties involved in the incident. This process, known as discovery, allows both sides to gather facts about the case. Following discovery, many cases move into negotiations where parties try to reach an agreement, often resulting in a settlement. If a settlement cannot be reached, the claim might proceed to trial where a judge or jury will make the final decision. Understanding this process helps to set realistic expectations about the timeline and possible outcomes of a personal injury claim.
Assessing Damages and Potential Compensation
Evaluating a personal injury claim involves assessing the damages and calculating potential compensation. Damages are split into two categories: economic and non-economic. Economic damages refer to direct costs associated with the injury, such as medical bills, lost wages, and any property damage. Non-economic damages, on the other hand, cover less tangible losses, like pain and suffering, emotional distress, and loss of enjoyment of life. Calculating economic damages is usually straightforward, as it involves tallying up costs and lost income. Non-economic damages, however, are more subjective and are often calculated based on the severity of the injury, the impact on the person’s life, and similar cases in the past. Understanding this assessment helps in setting realistic expectations about potential compensation.
Negotiating with Insurance Companies: What You Need to Know
Negotiating with insurance companies is a key phase of the personal injury claim process. It’s important to note that insurance companies are businesses looking to minimize their payouts. Therefore, their initial offer may not reflect the true value of your claim. It’s often advisable to not accept the first offer and be prepared to negotiate. Remember, any statements made during these negotiations can impact the claim, so careful communication is crucial. It’s also necessary to have a clear understanding of the value of the claim, based on the assessment of damages. This understanding provides a solid ground for negotiation, and helps one to navigate this complex process more effectively.
The Litigation Process: If Your Case Goes to Court in Iowa
If a personal injury claim can’t be resolved through negotiations, it might go to court. This is known as the litigation process. It starts when a lawsuit is filed and served to the defendant, the person or entity accused of causing the injury. The defendant then has a chance to respond. After the discovery phase, where both parties gather information, the case may go to trial. During a trial, both sides present their evidence to a judge or jury. After hearing the arguments and reviewing the evidence, the judge or jury will make a decision about who is at fault and what, if any, compensation should be awarded. It’s essential to be prepared for this possibility when pursuing a personal injury claim.
Settlement vs. Trial: Weighing the Pros and Cons
Deciding between a settlement and going to trial can be a complex decision. A settlement often ensures a guaranteed amount of compensation and may be a quicker resolution. However, it might not fully cover all damages, especially in cases of severe injuries. Going to trial, on the other hand, can lead to a higher compensation if successful, but it’s a longer process and the outcome is uncertain. It involves presenting the case before a judge or jury, who will then decide the outcome. Both options have their advantages and disadvantages, and it’s important to weigh them carefully when navigating a personal injury claim. The decision can significantly impact the timeline, cost, and outcome of the claim.
Life After the Claim: Post-Settlement Steps and Considerations
Life after a personal injury claim brings new considerations. Post-settlement, the primary focus is to take care of any financial obligations that have arisen due to the injury. These may include paying off medical bills and covering any lost wages. It’s also important to manage the received compensation responsibly, as it needs to cover current as well as future expenses related to the injury. Furthermore, the individual should continue with any necessary medical treatment or rehabilitation to fully recover. Post-settlement can also be a time for reflection on the incident and learning from it. It could involve taking preventive measures to avoid similar incidents in the future, ensuring a safer and healthier life moving forward.
The aftermath of a settlement is a nuanced process that requires careful planning and informed decisions. Before moving forward, it’s crucial to review any potential missteps in the injury claim process to ensure that all aspects were handled correctly. Learning about common injury claim mistakes can provide valuable insights that help in avoiding future legal pitfalls. Additionally, if the injury occurred under specific circumstances, such as while in police custody, understanding your rights and the complexities of such situations is essential. For those injured at work, knowing the proper procedure for work accident reporting can influence the management of the claim and the protection of employment rights. In cases of product-related injuries, like those caused by a vape pen explosion, staying informed on product liability and consumer rights is key. Lastly, if the injury occurred in a public space, such as while shopping, it’s important to understand the legal recourse available and the rights of a consumer in such events. Taking these steps will not only help in the current post-settlement phase but also prepare one for any similar challenges ahead.
If you are dealing with a personal injury claim, contact or call us at 515-444-4000 as soon as possible for a free consultation.
Providing Unmatched EXPERIENCE On Your Case When you find yourself in a situation where you’ve been treated unfairly or you’re in the middle of a legal disagreement, it can be difficult to know what your rights are and how to proceed.
The attorneys at Mueller, Schmidt, Mulholland, & Cooling help me understand and keep me up-to-date on everything with my case this law firm is top-notch if you need a law firm to fight for you this one is the best in the state. I thank the partners at Mueller, Schmidt, Mulholland, Cooling for having such talented lawyers on their team, and their hard work and dedication to my case
Professional, responsive, and most diligent individuals I have ever had the pleasure of working with on my case. This firm gets the job done and they care legitimately about their clients. Anyone who loves chihuahuas as much as me has to be a great person. I would recommend this firm to everyone.
I was in a bad situation after a work injury and wasn’t sure if my employer was trying to do things that weren’t legal in regard to my medical care and returning to work too soon. A friend of mine put me in contact with Mueller, Schmidt, Mulholland & Cooling. They were extremely helpful and very quick to contact me, ask and answer questions, and help me with my case. I appreciate all they do and for taking me seriously!
I was recently in a car accident which was a traumatizing experience. However, I got in contact with Mueller, Schmidt, Mulholland & Cooling and never looked back. Everyone was friendly and they reassured me things would work out. They turned a stressful experience to nothing at all. I would recommend to others in the area