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Brain Injury Caused by semi-truck
$3,190,852.40 Jury verdict for a young child who suffered a traumatic brain injury in an accident caused by a semi truck pulling out onto the highway
without warning.

Motorcycle Accidents :: Reckless Driving :: Read More
Broken Leg caused by motorcycle accident

$50,000 for injuries including a broken leg in a motorcycle accident caused by another motorist.

Motorcycle Accidents :: Reckless Driving :: Read More
Adult child died in auto accident

$400,000 verdict for the mother of an adult child who died in an auto accident.

Wrongful Death :: Serious Car Accidents :: Read More
Semi Accident

$360,825.18 The verdict for a woman who had a cracked vertebrae and a consortium claim in an auto accident with a semi truck

Serious Injuries :: Semi Accidents :: Read More
Faulty Bridge At A Golf Course Resulted In Injuries

$120,000 Settlement for a broken arm and injured shoulder from a fall on a faulty bridge at a golf course.

Skeletal Injuries :: Insurance :: Read More
Engineering Malpractice

$212,000 A settlement for a developer from a engineering firm for engineering malpractice

Statues of Limitation on Malpractice :: Read More
Motor Vehicle Accident Causes soft tissue injuries

$50,000 Soft tissue injuries suffered in motor vehicle accident.

Personal Injury Lawyers :: Liability. Who is Responsible? :: Read More

Injuries Suffered By A Dog Bite To A Child

$130,000 Injuries suffered by a child with developmental delays who was bitten by a dog on his face.

Skeletal Injuries :: Injury To A Child :: Read More
Semi Collision Caused Traumatic Brain Injury

$2,871,767.16 Verdict for a child who suffered a traumatic brain injury in a collision caused by a semi truck

Semi Accidents
:: Traumatic Brain Injury :: Read More
Auto Accident Injuries

$68,559.81 Settlement for a woman who suffered multiple injuries in a automobile accident.

Pain & Suffering
:: Whiplash :: Read More
Auto Accident Soft Tissue Injuries

$50,000 Settlement for a couple that was in an auto accident where both sustained soft tissue injuries

What do PI Lawyers DO? :: Read More
Motor Vehicle Accident - Broken Bones

$100,000 Recovery for injuries suffered in a motor vehicle accident including a dislocated shoulder, broken arm and broken wrist

Hand Wrist Breaks :: Shoulder Injuries :: Read More
Uninsured Motorist

$50,000 Recovery from an individual’s own auto insurance policy when he was injured in an accident caused by an uninsured motorist

Insurance-The Lawsuit :: 8 Facts on Iowa Auto Insurance :: Read More
 
 
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Gourley, Rehkemper & Lindholm

Recovery of Losses

Who Can Be Compensated and for What?

One question that ultimately arises when someone is injured in a car accident is who is entitled to recover and for what.


A. Injured Party or Legal Guardian on Behalf of Injured Party:

It goes with out saying that the injured party is entitled to recover for his injuries, but to what extent? In the event that the injured party is a minor or otherwise incompetent, the parent, legally appointed conservator or guardian may also bring an action on behalf of the injured person. The injured person may be entitled to be compensated for the following:

1. Medical Expenses – past and future;
2. Lost Wages – wages you would have received if not having to take time off of work due to your injuries;
3. Pain and Suffering – past and future;
4. Loss of Function – loss of use of your injured body parts;
5. Permanent Scarring and Disfigurement; and
6. Loss of Future Earning Capacity


B. Next of Kin - Estate:

In the unfortunate event that a person is killed as a result of a car or auto accident, the Estate or Next of Kin may bring a legal action against the responsible party on behalf of the deceased for:

1. Medical expenses incurred prior to passing;
2. Pain and suffering prior to passing if death is not instantaneous;
3. Present Worth of Estate – present value of the additional amounts that the deceased individual could reasonably be expected to have accumulated as a result of his own effort if he/she had lived out the term of his/her natural life; and
4. Burial Expenses


C. Spouse and Child Compensation – Loss of Consortium:

Often times when a person is injured in any type of accident, their personal lives suffer and considerable strain is put on their spouse and children. Because of this, Iowa allows for the spouse and children of an injured individual to recover what is referred to as “consortium.”

Spousal Consortium: Spousal consortium refers to the services and benefits of a marital companion. This includes benefit of company, assistance and affection and generally the good things about marriage. This includes things like having to take on additional tasks around the house, not being able to go on trips or engage in other activities normally done as a couple, decreased intimacy, or even those quit peaceful evenings talking over a nice dinner that can no longer occur because of the injuries. Spousal consortium is designed to compensate the uninjured spouse for the additional challenges arising from assisting and residing with the uninjured spouse.

Children: Much like spousal consortium, parental consortium is permitted to compensate the children of the injured party for the loss of services of the parent. This encompasses the benefits of a healthy parent/child relationship including guidance, love, comfort, security and so on. It is not limited to only minor children. Even adult children may recover under this theory if the factual basis is met. Likewise, if it is a child that is injured, parents are entitled to recover loss of consortium. Parents may also recover for the loss of the services of their adult children.


D. Bystander:

In certain limited situations, a bystander may recover damages for emotional distress incurred as a result of being physically present and observing the accident occur. In these situations, the bystander must be exposed to the danger and must suffer emotional distress consistent with what would be reasonably expected by the danger caused by the offending party. This recovery ordinarily requires that the recovering individual be closely related to the injured party.

See also Subrogation.

Personal Injury Lawyers

If you have been injured in a car accident, whether it is the result of someone else's negligence, recklessness or disregard for you or your family's safety, please take a moment to familiarize yourself with your rights, fault and no-fault insurance, teen or unlicensed drivers, and benefits available to you for medical care, surgery, periods of unemployment, medical leave, emergency room care and long term care or rehabilitation.

Accidents & Injury Information From Our Library


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Contact Information
Gourley, Rehkemper & Lindholm PLC
440 Fairway Drive
West Des Moines, Iowa 50266
515.226.0500 - 1.866.743.6652 (toll free)
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Gourley, Rehkemper & Lindholm, PLC is an Iowa law firm located in downtown Des Moines, Iowa. The lawyers at Gourley, Rehkemper & Lindholm are licensed in the state of Iowa.

Attorneys Gourley, Rehkemper & Lindhom, and their associate Attorney Scott Michels frequently represent people who have been injured as a result of an accident occuring in the greater Des Moines, Iowa area, including West Des Moines, Iowa City, Johnston, Davenport, Cedar Rapids, Sioux City, Marshalltown, Cedar Falls, and Ames, Iowa. They often help people who have sustained head and brain injuries, spinal cord injury, fractured bones and cuts, as well as injuries resulting from medical malpractice and dental malpractice. GRL Law's attorneys stand ready to help you find the best solutions for your particular situation, utilize protections under the law to secure your family and property, and get the compensation you deserve after a personal injury or wrongful death. Please contact the law offices of Attorney Cory Gourley, Attorney Robert Rehkemper & Attorney Matt Thomas Lindholm for a free legal consultation to better understand your rights under Iowa law, and make the next important decisions in recovering your losses.

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