A serious injury can affect nearly every part of your life. You may be dealing with medical treatment, time away from work and unexpected expenses while an insurance company is already asking questions about what happened. At the same time, you may not know who is responsible or what your next step should be. You should not have to sort through those issues alone while trying to recover.
At Johnson, Mulholland, Cochrane, Cochrane, Yung & Engler, P.L.C., our personal injury attorneys represent people in Fort Dodge and throughout North-Central and Northwest Iowa. Our lawyers investigate what happened, explain your rights under Iowa law and pursue compensation from those responsible for your injuries.
Our law firm has served Iowa communities since 1950. When you work with our attorneys, you have experienced local lawyers handling your case and keeping you informed about what happens next.
A personal injury claim generally arises when another person or business is legally responsible for causing an injury. Many claims involve negligence, which means a person or business failed to use the level of reasonable care required under the circumstances.
Our Fort Dodge personal injury lawyers represent clients injured in matters involving:
When an accident results in a fatal injury, certain surviving family members and the estate may have rights under Iowa law. Our attorneys also represent families seeking accountability through wrongful death claims.
People injured while working may have different rights under Iowa’s workers’ compensation system. Our law firm also represents injured employees in workers’ compensation matters.
The effects of an injury can continue long after the accident itself. Some people recover after a period of treatment, while others experience permanent changes to their health, ability to work or daily lives.
Our personal injury attorneys represent people dealing with injuries such as:
In a personal injury case, damages are the financial and nonfinancial losses resulting from an injury. Depending on the circumstances, a claim may seek compensation for medical expenses, future medical care, rehabilitation, lost wages, reduced earning capacity, physical pain and suffering, emotional distress, and costs associated with adapting to a permanent disability.
Determining the extent of those losses requires looking beyond the bills that have already arrived. A serious injury may affect your ability to earn a living or require treatment well into the future. Our lawyers work to document both the immediate and longer-term consequences so they can be considered when the claim is evaluated.
A strong personal injury claim begins with understanding what happened and having evidence to support it. Our attorneys investigate the circumstances of an accident rather than relying only on the account presented by an insurance company or another party.
Depending on the case, that investigation may involve reviewing photographs, medical records, accident reports and other documents; speaking with witnesses; examining the location where an injury occurred; identifying the people or businesses that may bear legal responsibility; and reviewing available insurance coverage. In more complicated cases, determining who is responsible and what sources of recovery are available can be just as important as documenting how the accident happened.
Medical evidence is also important because a claim must address not only why an accident occurred but how it affected the injured person. Records of diagnosis, treatment and recovery can help establish the nature and extent of an injury. For someone facing lasting limitations, additional evidence may be necessary to understand how those injuries could affect future medical needs or employment.
Our Fort Dodge lawyers evaluate the evidence, identify disputed issues and build the claim around the facts that matter. That allows you to focus on your health while your attorney handles the legal and insurance issues surrounding your case.
Not every personal injury claim follows exactly the same path. The process depends on factors such as how the accident occurred, the seriousness of the injuries, whether responsibility is disputed and whether the parties can agree on an appropriate resolution.
Before meaningful negotiations can take place, your lawyer needs to understand the facts and the extent of your losses. That may require gathering records, evaluating insurance coverage, speaking with witnesses and allowing enough time to understand how your injuries are progressing.
Once sufficient information is available, an attorney may present a claim to the responsible party or insurance company explaining the basis for liability and the losses being claimed. Negotiations may then take place to determine whether the matter can be resolved without litigation.
An insurance company may disagree about who caused the accident, the seriousness of an injury or the amount of compensation appropriate under the circumstances. Our personal injury lawyers can respond to those disputes and advise you about whether a proposed settlement adequately addresses your claim.
If a claim cannot be resolved through negotiation, filing a lawsuit may become appropriate. Litigation includes a stage known as discovery, during which the parties obtain and exchange information relevant to the case. This may include documents, written questions, testimony and other evidence.
Filing a lawsuit does not necessarily mean a case will go to trial. Settlement discussions can continue during litigation, and mediation may provide another opportunity to reach an agreement. When an appropriate resolution cannot be reached, our attorneys can prepare the case for trial.
Several Iowa laws can affect whether an injured person has a claim and how much compensation may ultimately be recovered. Two issues that arise frequently are the deadline for filing a lawsuit and whether the injured person shares responsibility for what happened.
Iowa generally provides two years to file a lawsuit for injuries to the person. However, the two-year deadline does not apply in exactly the same way to every personal injury case. The time available can depend on the type of claim, who caused the injury and other circumstances.
For example, Iowa medical malpractice claims are subject to their own statutory deadlines, while claims involving defective products can also be affected by a statute of repose. Iowa’s product liability statute generally establishes an outside limit of 15 years after a product was first purchased, leased, bailed or installed for use or consumption, although the law contains exceptions. A statute of repose differs from an ordinary statute of limitations because it can establish an outside deadline based on a particular event rather than simply when an injury occurred or a claim accrued.
Special rules can also apply when a personal injury claim involves a government entity. Claims against the State of Iowa are governed by the Iowa State Tort Claims Act, which generally requires a qualifying claim to be filed in writing within two years after it accrues. Claims involving an Iowa municipality are also subject to specific statutory requirements and generally must be brought within two years after the alleged injury, loss or wrongful death.
Other circumstances can affect how much time you have to act, which is why it can be risky to assume that the general two-year personal injury deadline controls your case. Our attorneys can determine which statute of limitations, statute of repose or other filing requirement applies to the particular facts of your claim.
Iowa uses a modified comparative fault system. This means being partly responsible for an accident does not automatically prevent an injured person from recovering compensation.
Generally, a claimant cannot recover if the percentage of fault assigned to that person is greater than the combined percentage of fault attributed to the defendants and certain other parties. When recovery is permitted, the claimant’s damages are reduced according to the claimant’s percentage of fault.
For example, if a person’s damages are determined to be $100,000 and that person is found 20% at fault, the recoverable damages would generally be reduced by 20%, to $80,000.
Fault can become a major point of disagreement in a personal injury case. Our lawyers can investigate the circumstances rather than assuming an insurance company’s assessment of responsibility is correct.
Every personal injury case raises different questions, but certain concerns come up frequently when we speak with injured people in Fort Dodge and throughout North-Central and Northwest Iowa. The answers below address some of those common issues, although the right approach will depend on the facts of your particular case.
An insurance adjuster may contact you for information about the accident, your injuries or your medical treatment. You may also be asked to provide a recorded statement, sign documents or discuss settlement.
The insurance company’s interests are not necessarily the same as yours. Before making important decisions about a claim, you can speak with a personal injury attorney about what information is being requested and how a proposed settlement or release could affect your rights. Once our law firm represents you, our lawyers can handle appropriate communications with insurers on your behalf.
The answer depends on the type of accident and the insurance coverage available. Health insurance, automobile insurance or other sources may pay some medical expenses while a personal injury claim is pending.
In some situations, an insurer or another entity that paid medical expenses may later seek reimbursement from money recovered through the personal injury claim. This is commonly called subrogation. Because payment and reimbursement issues can vary considerably, our attorneys review the available coverage and claims affecting each client’s recovery.
There is no standard timeline. A relatively straightforward case involving clear responsibility and injuries that resolve may move more quickly than one involving permanent injuries, disputed fault or several potentially responsible parties.
It can also be important to understand the long-term effects of an injury before resolving a claim. Once a settlement is final, an injured person generally cannot return later simply because the medical consequences turned out to be more serious than expected. Our lawyers keep clients informed as their cases progress and explain the factors affecting timing.
Available options depend on the type of accident, the responsible parties and the insurance policies involved. In some cases, more than one source of coverage may need to be evaluated.
For motor vehicle accidents, uninsured and underinsured motorist coverage may provide an additional source of recovery when the responsible driver has no insurance or insufficient coverage. Iowa automobile liability policies generally include uninsured and underinsured motorist coverage unless the named insured rejects that coverage in writing. Our attorneys can review applicable policies to determine what coverage may be available.
Not necessarily. Some personal injury claims can be resolved through negotiations without filing a lawsuit. Others require litigation before the parties can reach an appropriate resolution, and some ultimately proceed to trial.
Our attorneys evaluate the circumstances of each case and advise clients about their options. If litigation becomes necessary, having lawyers who prepare the claim carefully from the beginning can help ensure the case is ready for the next stage.
Possibly. As explained above, Iowa’s comparative fault law does not automatically prevent recovery simply because an injured person shares some responsibility. The percentage of fault assigned to each party matters, and any percentage assigned to the claimant can affect the amount recovered.
Because responsibility is sometimes disputed, our personal injury attorneys investigate the evidence before reaching conclusions about fault.
There is no single attorney who is right for every injured person. Consider whether a lawyer has experience handling serious injury claims, is prepared to litigate when necessary and communicates in a way that makes you comfortable asking questions.
You may also want to know who will actually handle your case. Our clients work with attorneys who are part of the Iowa communities our law firm serves. We believe you should understand what is happening with your case and be able to communicate with the lawyers representing you.
Our roots in Iowa date to 1950. Today, our law firm serves clients from offices in Fort Dodge and Gowrie and represents people throughout North-Central and Northwest Iowa.
Our attorneys are not trying to serve Iowa from a distant office. Our lawyers live and work in the communities where our clients live, work and raise their families. That local connection is part of how we approach legal representation.
At the same time, serious personal injury cases can require substantial legal resources and litigation experience. Our firm brings together attorneys with experience in personal injury litigation and other areas of Iowa law. That gives clients the capabilities of an established law firm while preserving the individual attention that matters when an injury has disrupted your life.
For our personal injury clients, that means having lawyers who can investigate an accident, communicate with insurers, evaluate the legal and financial issues surrounding a claim, negotiate when appropriate and prepare for court when necessary. Throughout the process, our goal is to provide clear guidance so you can make informed decisions about your case.
If you have been seriously injured because of someone else’s actions, you do not have to determine the value of your claim or navigate the insurance process on your own. Our personal injury attorneys can review what happened, explain how Iowa law may apply and discuss your legal options.
Our lawyers represent injured people in Fort Dodge and throughout North-Central and Northwest Iowa. Because filing deadlines and evidence issues can affect a personal injury claim, getting answers early can help you make informed decisions about what comes next.
Contact our firm to talk with one of our attorneys about your personal injury claim.
