Cedar Rapids, IA – When someone is working, visiting, shopping, or on another person’s property it is possible that they can suffer serious injuries, or even pass away due to someone else’s negligence. The civil law is designed to compensate a victim or their families in the event of a tragedy. There are various legal remedies available to victims who decide that they need to bring a lawsuit.
The liability of property owners
All people are responsible for the condition of their property or business in certain ways. Premises liability is the legal term related to the duty imposed by the law on various property owners. In general, owners are supposed to keep areas meant for guests and foreseeable parties safe and clear from things like debris or obstacles that may cause injuries. This is considered a duty of care. There may be exceptions for trespassers and criminal activity, but any area that is expected to have visitors should be maintained for safe passage.
Anytime this duty of care is breached and at least one victim suffers injuries directly because of that breach of duty, a lawsuit can be filed against the property owner. This case will often file the format of a standard negligence case. Negligence lawsuits require the plaintiff to prove a relevant duty of care, a breach of that duty, actual and proximate causation, and damages. Proving all of these elements may require an inspection of the property, pictures or videos of unsafe conditions, and testimony from others who witnessed the accident and resulting injuries.
Cases after a fatal incident
Anyone who was fatally injured in an accident can have a family member take legal action on their behalf. Iowa law allows the administrator of the person’s estate, their spouse, or children to file a civil lawsuit to cover several types of losses related to the deceased person.
Damages available after a person passes away can include funeral expenses, burial costs, the value of the services that the person provided, their future lost wages, and any final medical treatment. This is meant to essentially compensate the family, in order to put them in the financial situation that they could have occupied if the person was still alive. The family’s attorney will argue for these damages at the conclusion of the trial or during settlement negotiations if the parties decide that a full trial is unnecessary.
Determining if a civil lawsuit is necessary
Any accident victim or their family has the option of speaking with a local attorney and deciding if they want to bring a civil case against the person or business responsible for their losses. Eells and Tronvold Law Offices offers free case evaluations to clients throughout the state of Iowa who want to learn more about personal injury lawsuits.
Firm contact info:
1921 51st Street NE, Cedar Rapids, IA 52402-2400