Iowa Personal Injury Attorney

Frequently Asked Questions

At McGuire Law, PLC, we specialize in personal injury and medical malpractice claims all throughout the state of Iowa on behalf of the injured victims, and their families. We have been handling these types of cases for over 40 years, over which time we have obtained millions of dollars in settlements and verdicts on behalf of our clients. We understand how these types of cases can be extremely stressful and upsetting, and for this reason we always strive to answer all of your questions and to handle your case in the most professional manner possible.

We pride ourselves on offering dedicated and personalized representation to each of our clients; you deserve to be treated with the highest level of regard from your Iowa personal injury attorney. We have created a frequently asked questions page to help answer common questions that arise, so please, continue reading to learn more about personal injury and medical malpractice claims in Iowa.

What is personal injury law?
Personal injury involves injuries that are caused as a result of either another person's reckless or careless actions, or as a result of one's failure to use reasonable care or caution. Personal injury cases are handled on a case-by-case basis; however, it's important that the plaintiff's injuries have been caused by a forseeable result of the defendant's action.

What types of accidents are categorized under personal injury law?
Personal injury law covers a broad range of injurious accidents including: automobile accidents, truck accidents, motorcycle accidents, pedestrian accidents, bicycle accidents, drowning accidents, boating accidents, amusement park accidents, premises liability, dog bites, product liability, nursing home abuse, medical malpractice, wrongful death, construction accidents, OSHA violations, airplane accidents, railroad accidents, bus accidents and other forms of negligence.

What does medical malpractice mean?
Medical malpractice is a form of professional negligence which is an act or an omission by the physician or medical professional where their treatment falls below the standard of practice which is accepted in the medical community. When this substandard level of care injures or kills a patient, it is referred to as medical malpractice.

What types of damages are available in a personal injury claim?
The plaintiff's damages may include both economic and non-economic damages including: lost wages or lost earning capacity, medical expenses, physical and psychological harm, loss of vision, reduced enjoyment of life, pain and emotional distress etc. These damages may cover the victim's past, and future losses.

Will an "expert" have to testify for me?
At times an expert witness may need to testify on your behalf and these experts must be qualified by the court. In order for an expert to qualify, they must prove that they have sufficient knowledge, education, training or experience regarding your situation in order to qualify as an expert and in order to give a reliable opinion on the issue at hand.

How big is the problem of pedestrian accidents?
According to the National Highway Traffic Safety Administration (NHTSA), in 2010, 4,280 pedestrians were killed and approximately 70,000 were injured in traffic collisions in the United States. On average, one pedestrian is killed every two hours and one is injured every eight minutes in traffic collisions. This includes someone on foot, running, hiking, sitting or lying down. (NHTSA)

What are the statistics on distracted driving and auto collisions?
The National Highway Traffic Safety Administration (NHTSA) reports that in 2010 alone, over 3,000 people were killed in distracted driving crashes. Today, one of the largest culprits behind distracted driving is texting while driving and cellular phone use.

How serious are drowning accidents?
The Centers for Disease Control and Prevention reports that every day, about 10 people die from unintentional drowning and of these, two of the victims are children age 14 or younger. Drowning ranks fifth among the leading causes of accidental death in the United States. From 2005 to 2009, there were an average of 3,533 fatal unintentional drownings with children ages 1 to 4 having the highest drowning rates of all age groups.

What is a statute of limitations?
The statute of limitations refers to the time limit for pursuing a legal remedy for someone else's wrongful conduct. After the time expires, the plaintiff loses their right to file a lawsuit and seek damages permanently, unless a legal exception applies. In Iowa, the statute of limitations for most personal injury lawsuits is two (2) years.

What is the medical malpractice statute of limitations in Iowa?
Under Iowa Code §614.1(9), the statute of limitations for filing a medical malpractice lawsuit is within two (2) years after the date the injury was discovered, but no longer than six (6) years after the date of the act or omission or occurrence unless the injury or death was caused by a foreign object being unintentionally left in the body. For a child under the age of eight (8), the action shall be commenced no later than the child's tenth birthday.

What is an adverse action?
This refers to an action taken against a practitioner's clinical privileges, or their medical staff membership in certain health care organizations. It can also be a licensure disciplinary action, or a Medicare/Medicaid Exclusion action, or another adjudicated action.

How many adverse action reports were there in 2010?
According to the U.S. Department of Health and Human Services Health Resources and Services Administration, in 2010, there were 75,723 adverse actions in the United States and 13,277 medical malpractice reports for that same year.

What types of medical malpractice cases are there?
There are a large number of medical malpractice cases filed each year as both lawsuits and civil claims, many of which include the following: plastic surgery malpractice, cosmetic surgery malpractice, prescription drug errors, birth injuries, obstetric malpractice, surgical errors, and diagnosis errors.

If you have more questions about filing a claim, we urge you to contact an Iowa personal injury or medical malpractice attorney from McGuire Law, PLC. The sooner we get started on your case, the better our chances of securing a sizeable settlement on your behalf.