When you suffer a personal injury, whether in a car accident, workplace accident, or any other type of incident caused by the negligence of another party, you deserve compensation for your losses. In Iowa, there are several types of damages available in personal injury claims to help you recover from physical, emotional, and financial harm. This article will discuss the various types of damages that may be awarded in Iowa personal injury claims.
Table of Contents
Compensatory Damages
Compensatory damages are designed to compensate the injured party for their losses resulting from the accident. There are two types of compensatory damages: economic and non-economic.
Economic Damages
Economic damages refer to the quantifiable financial losses suffered by the injured party as a result of the accident. These damages may include:
- Medical expenses: This includes the cost of past and future medical treatment related to the injury, such as hospital bills, rehabilitation costs, doctor visits, prescription medication, and medical equipment.
- Lost wages: If the injury prevents the injured party from working, they may be entitled to compensation for lost wages, both for the time they have already missed and for future lost earnings.
- Property damage: If the accident damaged the injured party’s property, they may be compensated for the cost of repairing or replacing it.
- Other out-of-pocket expenses: This may include expenses such as transportation costs, home modifications, and other expenses directly related to the injury.
Non-Economic Damages
Non-economic damages refer to the subjective losses suffered by the injured party as a result of the accident. These damages may include:
- Pain and suffering: This refers to the physical and emotional pain and suffering caused by the injury, which is often difficult to quantify but may include factors such as the severity of the injury, the length of recovery, and the impact on the injured party’s daily life.
- Emotional distress: If the injury caused psychological trauma, such as anxiety, depression, or post-traumatic stress disorder (PTSD), the injured party may be entitled to compensation for emotional distress.
- Loss of enjoyment of life: If the injury prevents the injured party from participating in activities they enjoyed before the accident, they may be compensated for this loss.
- Loss of consortium: If the injury affects the injured party’s relationship with their spouse, they may be entitled to compensation for the loss of companionship, affection, and sexual intimacy.
Punitive Damages
Punitive damages may be awarded in addition to compensatory damages in cases where the defendant’s actions were particularly egregious or willful. Punitive damages are intended to punish the defendant and deter similar behavior in the future. However, punitive damages in Iowa are capped at $250,000 or three times the amount of compensatory damages, whichever is greater.
Modified Comparative Fault
In Iowa, damages in personal injury claims are subject to modified comparative fault. This means that if the injured party is found to be partially at fault for the accident, their damages will be reduced by the percentage of fault assigned to them. If the injured party is found to be more than 50% at fault, they are barred from recovering any damages.
For example, if a plaintiff is awarded $100,000 in damages but found to be 20% at fault for the accident, their award would be reduced by 20% to $80,000.
Statute of Limitations
It is important to remember that Iowa has a statute of limitations for personal injury claims, meaning that the injured party has a limited amount of time to file a claim. In Iowa, the statute of limitations for personal injury claims is two years from the date of the accident.
Conclusion
If you have been injured in an accident caused by another party’s negligence, you may be entitled to compensation for your losses. Iowa law allows for compensatory damages, which can help cover the cost of medical expenses, lost wages, property damage, and other financial losses resulting from the accident. Non-economic damages can also be awarded for pain and suffering, emotional distress, and loss of enjoyment of life. Punitive damages may be awarded in cases of particularly egregious conduct by the defendant, and damages are subject to modified comparative fault. If you have suffered a personal injury, it is important to consult with an experienced personal injury attorney to understand your rights and options under Iowa law.