Attorneys in Indianola, Iowa Representing Brain Injury Victims

A serious head or brain injury can completely change someone’s life. If your life has been flipped upside down because of a serious brain injury that was someone else’s fault, RSH Legal may be able to help get you the justice you deserve.

We’ve been fighting to help families across Iowa recover compensation for 35 years, and we’re still fighting for people who are wrongly injured. 

Frequently Asked Questions About Indianola Brain Injury Lawsuits

When someone suffers a brain injury in Indianola, and it’s due to someone else’s mistake or carelessness, obtaining reasonable compensation for the injuries may require legal action. Here are some common questions and straightforward answers about brain injury lawsuits.

  1. What is a Brain Injury Lawsuit?

It’s when someone takes legal action because of a brain injury experienced by the wrongdoing of another. Examples of such a lawsuit may include suing because of a brain injury in a car accident or from a doctor’s mistake.

  1. Who Can File a Brain Injury Lawsuit?

If you’re the one who got hurt, you can file a lawsuit. Sometimes the person hurt can’t do it themselves – that’s when a family member or guardian may be able to step in and act on behalf of the injured person.

  1. What do I Need to Prove in an Indianola Brain Injury Lawsuit?

You must show that someone else wrongfully caused the brain injury. This means collecting evidence – think doctor reports, eyewitnesses, or expert opinions.

  1. How Long Do I Have to File a Lawsuit?

There’s something called a statute of limitations, which is basically a countdown timer for filing a lawsuit. The general rule in Iowa is that a lawsuit must be filed within two years of the date of the accident. However, the deadline varies depending on the facts, so you should reach out to an experienced brain injury lawyer as soon as possible.

  1. How Much Compensation Can I Expect?

This varies on many different factors. It depends on things like how bad the injury is and how it affects your life. Compensation may include medical bills, money lost because you can’t work, and even pain and suffering.

  1. How Long Does a Brain Injury Lawsuit Take?

There’s no easy answer here. Some lawsuits wrap up in months, while others can take years. It depends on many different factors, such as how complicated the case is and how busy the courts are.

  1. Should I Accept a Settlement Offer?

When you are suing someone, they may offer to settle the case out of court. This means that you would agree to accept a certain amount of money in exchange for dropping your lawsuit. Whether to accept a settlement offer is a big decision. On the one hand, you can be sure of getting some money now. On the other hand, you may be able to get more money if you go to trial, but there is also the risk of getting nothing.

  1. How do I Choose a Qualified Brain Injury Attorney?

You need an attorney who knows the ins and outs of head and brain injuries. Look for someone with experience and a track record in brain injury cases. Also, ensure you feel comfortable with them and that they listen to you.

Brain injury lawsuits can be a maze, but being well-informed can help you navigate it. If you or someone you know is facing this challenge, don’t hesitate to get a savvy attorney who can guide you through the process.

How to Wreck Your Indianola Brain Injury Case

If you have a brain injury case, here are some things you should avoid doing to wreck your case. 

  • Failing to Seek Immediate Medical Attention

When you’re injured, getting medical help may seem obvious. However, some people delay seeking medical attention. If you wait too long, the other side may argue that your injuries were not that serious. 

  • Neglecting Proper Documentation

You must have proof. Without doctor’s reports, pictures, and other evidence, your case will be very difficult to win.

  • Posting Inappropriately on Social Media

What you post online can come back to haunt you. If you are involved in a brain injury lawsuit, the other side can use your social media posts as evidence against you. For example, if you post a photo of yourself engaging in physical activity after claiming a head and brain injury, the other side may argue you are not as injured as you claim to be.

  • Handling Communication with Insurance Companies Poorly

Insurance companies may twist what you say to avoid paying a reasonable settlement. Avoid talking to insurance companies without a lawyer.

  • Accepting a Quick Settlement Without Consulting an Indianola Attorney

Sometimes insurance companies offer money quickly after an injury to make you go away. It’s tempting, but they might be lowballing you. A lawyer can help you weigh the pros and cons.

  • Being Dishonest or Exaggerating the Injury

Lying or exaggerating how badly you’re hurt will sink your case. If the other side catches you stretching the truth, your credibility’s gone.

  • Ignoring Expert Advice or Legal Counsel

Ignoring a lawyer’s advice in a brain injury case is like ignoring a doctor when you’re sick. You hired them for their expertise and advice. Listen to their advice, as they are there to help you get the compensation you deserve. 

  • Missing Indianola Deadlines

There’s a time limit for filing cases called the statute of limitations. In Iowa, the statute of limitations is generally two years. However, the deadline depends on the facts and circumstances of the case. If you miss the deadline, you will not be able to pursue your case.

  • Failing to Show the Impact of the Injury on Daily Life

If you don’t show how the injury changed your life, the compensation might not reflect what you truly need.

  • Underestimating Future Medical Needs

Brain injuries can have long-lasting effects. Make sure your claim includes what you’ll need down the line.

Avoid these pitfalls to increase the likelihood of success. Get a savvy lawyer, gather evidence, and be honest. Doing things right can be the difference between getting the help you need and wrecking your case.

How Much Does an Indianola Brain Injury Lawyer Cost?

When someone suffers a brain injury, legal battles can follow. Hiring a brain injury lawyer is essential to securing the best possible outcome – but what’s the price tag? Let’s break it down.

Initial Consultations

First things first – talking to a lawyer. Some Indianola lawyers offer free first meetings; others might charge. It’s important to know before you sit down for a chat.

Fee Structures

Next up, how they charge. There are different setups:

  • Hourly Rate

Pay by the hour. They’ll have a rate, and you pay for the time they spend on your case. More complicated cases can rack up the hours.

  • Contingency Fee:

If you win, the attorney takes a portion of the money – usually a percentage. If you lose, you don’t have to pay anything. 

  • Retainer Fee

Think of this like a down payment. You pay money upfront, and the attorney deducts their fees from this as the case goes on.

  • Expense Costs:

Here’s the kicker – even with a contingency fee, some costs aren’t covered. We’re talking court fees, paying for expert witnesses to testify, and the like. Sometimes these come out of your pocket; sometimes, they’re taken from the settlement.

Factors Affecting the Cost

A lawyer’s reputation and experience, the case’s twists and turns, and where you’re located can all impact the cost. A more experienced lawyer may cost more than one less experienced.

Negotiating Legal Fees

You may be able to negotiate legal fees. Not all lawyers will negotiate their fees, but it doesn’t hurt to ask.

Understanding Agreements

Get it in writing. Having a written agreement will ensure that all parties are on the same page and reduce the risk of disputes arising. Additionally, make sure you understand what you’re signing.

Weighing Cost Against Benefit

Finally, is it worth it? If you’re spending significant money on an attorney, ensure the potential payout is worth the investment.

The costs of hiring a lawyer can be complex with many different components. Make sure you understand all of the different costs so that you are not surprised by unexpected fees. A good lawyer can be worth their weight in gold but understand the costs before you come to any final agreements.

RSH Legal, a Law Firm with Offices in Des Moines, Cedar Rapids, and Dubuque, Handles Brain Injury Cases Across Iowa

Call RSH Legal today. We’ll completely evaluate your case for free and we may offer to take it on. If we do accept your case, it will still be free for you until and unless we win. So there’s no reason not to call us. Call us at 319-774-1072.

<span>Tim</span> Semelroth
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Tim Semelroth

Board-Certified Trial Attorney

<span>Pressley</span> Henningsen
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Pressley Henningsen

AV-Rated Trial Attorney