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For the Injured And For A Safer Iowa

How Personal Injury Lawsuits Protect Your Rights

On Behalf of | Jul 17, 2020 | Personal Injury |

Human beings have inherent rights, just by existing. Some of them include worker’s rights, rights to physical and mental well-being, and social protection. These rights help people every day work at a safe job, earn a living, and live safely during retirement. However, what happens when these rights are violated by a third party? And how can you further protect your rights?

Inevitably, personal injuries will be sustained. But, you don’t have to recover from those injuries by yourself. You have the right to seek compensation for injuries sustained at the fault of another.

Keep in mind that there are many essential human rights, and as a result, many ways they could be violated. Thankfully, you usually won’t have to go to court when seeking financial compensation. However, when you do, here’s how personal injury lawsuits protect your rights.

Auto and Trucking Accidents

Auto accidents risk your right to well-being and your right to own property. Depending on the severity of the accident, you may be left with serious injuries that could even risk your life.

Car crashes typically leave victims with at least minor injuries and challenges. For example, victims can suffer from bruises, cuts, scrapes, whiplash, or concussions. In extreme cases, victims may suffer from broken bones, bleeding, brain injuries, and even death. Furthermore, trucking accidents pose an even greater risk of these injuries. 

If you are involved in a car accident, know that you have rights after the accident. Specifically,

You have a right to seek medical attention

And in fact, you should, no matter the level of your injury. Because, even if you don’t feel very injured, you might have more problems hiding under adrenaline and stress. 

The right to not declare fault and the right to remain silent.

After a car crash, especially after your first accident, you may feel pressure to apologize or admit fault. However, not only should you avoid doing this from a legal perspective, but you also have a right to avoid this.

You don’t even need to talk to the other person’s insurance company. This right protects you from incurring financial responsibility and prevents you from having to pay exorbitant fees. 

The right to contact the police

After an accident, you should not be afraid of contacting the police. In fact, you should call the police so they can file an official report because police reports are essential evidence of a crash.

Gather witnesses

After an accident, you are entitled to gather witness accounts and information. In this modern age, witnesses are likely to have video and picture evidence on a phone. You can ask them to send you their contact information, their account of the accident, and whether or not they are willing to testify for you.

Right to gather evidence

If you’re worried about gathering your own evidence, don’t. You are allowed to take pictures and write notes about the accident. Pay attention to the damage done to your vehicle as well as your injuries. 

Nursing Home Abuse

Article 25 of the Universal Declaration of Human Rights states that everyone has a right to a healthy standard of living. This declaration goes for all people, no matter what age. We believe everyone deserves to enjoy retirement. Especially if they reside at a nursing home. 

Aside from the UDHR published by the United Nations, the United States passed the Americans with Disabilities Act in 1990, which prevents discrimination based on disability. Furthermore, federal laws exist in order to protect your rights and the rights of each resident.

These rights include:

  • Freedom from elder abuse or neglect
  • Proper medical care
  • Contacting or notifying your representative
  • The right to see visitors
  • Receive information about services and fees
  • The right to privacy and property
  • Being able to choose your living arrangements
  • The right to make complaints
  • Access to social gatherings, religious services, and community

If you or a loved one’s rights have been violated in any way, it’s possible to receive compensation. You can file a complaint with the nursing home, and even a legal claim with the company. If all else fails, the final protection for you or your loved one’s legal rights is a personal injury lawsuit. 

Those responsible need to be held accountable for their negligence. And victims deserve compensation.

Medical Malpractice

Medical malpractice causes harmful and expensive injuries. However, you can recover damages with the help of a medical malpractice lawyer in Des Moines, Iowa.

A doctor or medical provider’s duty of care is a liability binding law for the provider. Once the doctor and patient form a treatment-based relationship, the provider must execute to the best of their ability. 

Despite this duty, medical negligence still occurs, leading to countless injuries for patients in Iowa. By definition, medical malpractice occurs when a doctor, hospital, or medical facility do not adhere to standard and accepted practices. This can look like problems with medication, diagnoses, sanitation, and facility management. 

Our medical malpractice attorneys in Des Moines, Iowa work to hold negligent providers accountable through medical malpractice cases and will help you protect your rights.

Wrongful Death

Finally, one of the most tragic types of cases in personal injury law is a wrongful death claim. Unfortunately, we’ve seen our fair share of wrongful death cases, so we know how much it hurts. Everyone has a right to life, and losing a life brings emotional loss, financial loss, and more.

Brain P. Galligan, personal injury attorney at Galligan Law, is a member of the Iowa Association of Justice on the Continuing Education Committee and Legislative Committee. He regularly opposes laws that prevent victims and families of victims from receiving the compensation they deserve.

If you wish to file an Iowa wrongful death claim, you should speak with an experienced attorney to evaluate your claim. The circumstances surrounding the death of your friend or loved one will determine how long you have to file a claim.

For example, after motor vehicle accidents in Iowa, you will usually have up to two years after the accident to file a claim. This deadline changes if the crash was caused by a drunk driver or a semi-truck, usually because of the other party’s insurance.

Talk To A Personal Injury Attorney in Des Moines, Iowa

At Galligan Law, we have many years of experience handling all types of personal injury cases like the ones mentioned above. Our personal injury lawyers also have experience with premises liability claims, dangerous pharmaceutical drug claims, product liability claims, and other personal injury claims. Don’t wait to file your claim. The time to protect your rights is now.

So, if your rights were violated and you were injured, call Galligan Law to talk to a personal injury lawyer in Des Moines, Iowa. We offer free legal evaluations with no commitment. Call today!