Documenting Iowa car accident for insurance and legal claim
  • By: Gary Kendell, Esq.

In this article, you can discover… Why detailed documentation of your car accident matters to your personal injury claim. How to properly document witness statements after an accident. How proper video evidence can radically change a case and protect your claim. Why Is Detailed Car Accident Documentation Crucial For Winning A Personal Injury Claim? When you are involved in an accident, you want to be able to lock down liability and have the documentation to prove that the other party was at fault. The more detailed documentation that you have, the better the chance you’ll be able to do that. Additionally, keeping detailed documentation concerning the accident can also provide evidence for the medical experts to establish the causation of injuries you suffer as well as the severity of those injuries. Can Taking Photos At…Read More

Emotional Distress revealed under torn yellow paper.
  • By: Gary Kendell, Esq.

In this article, you can discover… How emotional distress is defined and proven in personal injury cases. The differences between “emotional distress” and "pain and suffering”. The types of documentation you will need to prove emotional distress in Iowa. Legally Speaking, What Is Emotional Distress In A Personal Injury Case? Emotional distress is the mental suffering caused by the accident and / or the memory of the accident.  It’s the impact, both short and long-term, of the accident or injury on your emotional well-being and mental health. What Is The Difference Between Emotional Distress And Pain And Suffering? Emotional distress is a component of pain and suffering that deals with the mental anguish, psychological impact, and emotional trauma of the event. It can manifest as anxiety, depression, post-traumatic stress disorder, and other psychological impacts that…Read More

Image symbolizing legal mistakes in wrongful death cases in Iowa
  • By: Gary Kendell, Esq.

This article covers the following:  The importance of timing when filing a wrongful death case.  The documents required when filing for claims for emotional suffering. The importance of negotiations before taking a wrongful death claim to trial.  How Can Rushing To Settle Affect A Wrongful Death Case? After a wrongful death incident, it’s understandable that you would want to have the matter resolved quickly and move forward as soon as possible. However, with wrongful death cases, it’s wise to be more cautious, even if the defendant is initially willing to settle. If you rush to settle a wrongful death case, you risk getting a far smaller recovery than you might have otherwise. If you have not fully and thoroughly investigated your loved one’s case, you might not get full value in settlement. As emotionally difficult…Read More

Personal injury attorney - Gary Kendell, providing legal assistance in Polk County for injury claims
  • By: Gary Kendell, Esq.

In this article, you can learn:  Why you should work with an experienced personal injury attorney. What to look for when selecting a personal injury attorney. Your out-of-pocket costs in a personal injury case. What Experience Do You Have With Personal Injury Cases In Iowa? Hiring an experienced attorney for your personal injury case can make a lot of difference for you and your case. The attorney can drastically improve your chances of filing a successful claim and also ensure the process is smooth and you are updated along the way.  I have vast experience in different phases of personal injury cases in Iowa. My experience includes:  Pre-filing of a case  Investigation  Negotiation prior to the filing of the case Written discovery  Depositions  Mediations  Jury trials  Bench trials My experience in personal injury work dates…Read More

Red binder labeled 'Wrongful Death' with handcuffs symbolizing wrongful death in iowa
  • By: Gary Kendell, Esq.

When a loved one is tragically taken from us due to a reckless driver or a negligent accident, no amount of compensation can fill that loss. However, the law does allow families to seek wrongful death compensation from those responsible. This article provides the answers that every family in Des Moines, Iowa, needs when it comes to wrongful death claims:  What is a wrongful death claim, and when can one be made in Iowa? How is fault relevant and proven in wrongful death claims? The biggest challenge in wrongful death claims, and how a lawyer can help you overcome it. Legally Speaking, What Is A Wrongful Death Claim? A wrongful death claim is a legal action brought against someone whose negligence or recklessness has caused the death of a loved one. In Iowa, this claim…Read More

  • By: Gary Kendell, Esq.

Courts are inevitably stressful and intimidating – but they can be doubly so when your financial security and future are on the line. This article hopes to make the process a little easier and clearer by explaining what to expect from your Iowa personal injury trial, including:  The key stages of personal injury trials in Iowa.  The possible outcomes of a trial and how long you can expect it to take to reach them.  How compensation is determined and why learning medical terms and perspectives can improve yours.  What Are The Key Stages Of A Personal Injury Trial In Iowa? A personal injury claim can turn into a lawsuit and then a trial if the responsible parties refuse to reach a fair compromise with you. In this case, you can expect the following stages: 1.…Read More

Blue book titled 'Personal Injury Law' on a pink background - Gary Kendell
  • By: Gary Kendell, Esq.

If you've been seriously injured in an accident due to someone else’s negligence, you have the right to seek compensation for all the costs and harm you've suffered. To pursue this action under Iowa law, you’ll need to file a personal injury claim. In this article, we’ll break down the key terms and concepts of personal injury law in Des Moines, including: What liability and damages mean, and why they matter in serious injury cases. Why your personal injury case might end in a settlement or go to trial. How legal concepts like the burden of proof and the statute of limitations impact your claim. What Is A Personal Injury Claim? In everyday language, a personal injury claim is your way of asking the person who caused your injury to cover your medical bills, lost…Read More

How To Understand Comparative Fault In Iowa Car Accidents: What If You Were Partially To Blame?
  • By: Gary Kendell, Esq.

In this article, you can discover… How compensation works in Iowa if you were partly at fault for the accident. How fault is calculated if there were multiple vehicles involved. The most powerful evidence you have to prove minimal fault. Can I Receive Compensation In Iowa If I Was Partially At Fault For A Car Accident? You can still potentially receive compensation if you're partially at fault for an accident, but you need to be determined to be 50% or less responsible. In this instance, you are still entitled to compensation, but your compensation will be reduced by your percentage of the fault. In other words, if a jury awarded $1,000 for an accident that you were found 50% at fault for, you would receive $500. However, you cannot receive compensation in Iowa if you…Read More

Paper with 'PERSONAL INJURY CLAIMS', calculator, and glasses, for Iowa personal injury myths.
  • By: Gary Kendell, Esq.

In this article, you can discover… The types of injury that qualify for a personal injury claim in Iowa. How your liability for an accident can impact your personal injury claim. Why it’s best to allow a personal injury attorney to review and guide your case. Myth # 1: You Need To Be Severely Injured To File A Personal Injury Claim You do not need to be seriously injured to file a personal injury claim. Even a moderate injury that results in medical bills or has an impact on your life can warrant a claim. While the severity of your injury will impact the amount of compensation you can recover, it is still worthwhile to speak with a personal injury attorney in the aftermath of an accident. Myth # 2: Hiring A Personal Injury Attorney…Read More

Elderly man in a wheelchair with a caregiver, illustrating nursing home negligence concerns in Iowa.
  • By: Gary Kendell, Esq.

This article covers the following: How medical documentation can support a wrongful death case. The importance of witness statements in negligence cases. How you can establish a direct link between negligence and death. How Can Medical Documentation Support A Wrongful Death Case? Medical documentation is crucial in wrongful death cases. Medical documentation can provide information and testimony that are key to establishing your loved one’s wrongful death case. Additionally, medical experts can provide testimony that can help establish causation, pain, and suffering. Are Witness Statements Important For Negligence Cases – Are Elderly Witnesses Taken Seriously By The Court? The witness statement and how seriously it's taken depends on the individual witness. If the witness is an older adult who is struggling with memory or cognitive issues, their testimony may not hold as much weight as…Read More

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