In Iowa, victims of personal injuries file legal claims to collect compensation for their losses. More serious injuries lead to additional awards including punitive damages or even restitution. An accident injury attorney in Des Moines, IA explains details about filing a legal claim for a personal injury.
Defining the Accident Type
The type of accident defines what subcategory applies to the legal claim. For example, surgical injuries fall under the medical malpractice subcategory. The awards for the claim are restricted in some cases if a cap is applied to non-economic damages. The subcategory also defines any additional provisions that apply. In a medical malpractice case, the victim needs a medical witness to explain the procedure and how the injuries were produced.
How Did the Injury Affect the Victim?
The effects of the injury also define requirements for legal claims. For example, a permanent injury or disability generates further losses for the victim. The claimant loses their ability to support themselves financially. For this reason, the claimant must seek compensation for future wages. The future wages are classified as economic damages since they are a financial loss for which the victim deserves compensation.
Crimes and Acts of Malice
Personal injuries aren’t produced by accidents in every case. Crimes such as assault and battery, domestic violence and murder lead to personal injuries. The defendant is prosecuted by the state, and some judges require restitution for the victims or their families. However, the payments are utilized as a form of punishment in criminal proceedings and aren’t connected to a civil case. The victim or their family retains the right to seek civil damages.
What Are Standard Awards?
All economic damages reflect all financial losses of the victim. Non-economic damages are associated with tort-based claims such as mental anguish. In medical malpractice cases, punitive damages are awarded to punish negligent doctors.
In Iowa, victims of personal injuries can approach an attorney and determine the most appropriate course of action. The accident type defines provisions that apply to subcategories. The provisions limit awards or require additional evidence. Victims who need to start a legal claim can contact an accident injury attorney in Des Moines, IA or visit us website right now.
