Posts in category: Personal Injury

Assisting families dealing with birth injuries

At Gallagher, Langlas & Gallagher, P.C., we understand the fear and anger that come with learning that your baby was injured during birth. Our attorneys have significant experience dealing with birth injuries and medical malpractice, and we provide steadfast legal representation to help you deal with the repercussions. We seek compensation for any immediate and long-term medical care you or your child may need. We also provide quality defense strategies to hospitals or healthcare providers accused unfairly of medical negligence.

What is a brachial plexus injury?

A brachial plexus injury occurs when the network of nerves that sends signals from your spine to your shoulders, arms and hands is damaged. Brachial plexus injuries happen when the nerves are stretched, though in more serious cases, the nerves are actually torn. It occurs due to compression of the shoulder when the head is pushed up and away from it. Newborns sometimes suffer a brachial plexus injury during birth and may experience numbness in their arms. In more serious cases, they may not be able to use all or part of their arms, shoulders, hands or fingers. Serious brachial plexus injuries require surgery to repair the damage. Our personal injury attorneys can help you solve the legal challenges you face in securing your child’s future.

What are some common types of birth injuries?

There are many common types of injuries that can occur during childbirth, both to the baby and to the mother, such as:

• Erb’s palsy: A paralysis that affects muscle sensation and motor control in a baby’s upper arm
• Cerebral palsy: A disorder of movement, muscle tone or posture that results from injury or abnormal development in a child’s brain. It typically occurs before birth.
• Hypoxia: A lack of oxygen to the brain that can potentially be life-threatening
• Shoulder dystocia: Damaged nerves, compression of the umbilical cord or other injury sustained when the baby’s shoulders become stuck against the bones of the mother’s pelvis during birth
• Uterine rupture: A tear in the wall of the uterus that often occurs at the site of a previous cesarean section. In a full rupture, all the layers of the uterus are compromised, putting both the mother and the baby at serious risk.

How can birth injuries be caused?

Many pregnancy or birth-related injuries that occur to the mother or child are a consequence of chemical and/or physiological conditions present either before or during childbirth. Some conditions can be discovered ahead of time so complications can be prevented. Doctor error or negligence is the cause of many injuries. Our personal injury lawyers have distinguished reputations and knowledge that benefit you in seeking compensation and peace of mind in the event of a birth-related injury. We also provide top-quality defense against these types of claims when they are unwarranted.

What is the time limit for making a birth injury claim?

In Iowa, there is a statute of limitations that applies to birth injury lawsuits. This means that your right to seek compensation under a birth injury claim expires after a certain amount of time. This is why it is critical to seek the counsel of a competent attorney right away. Our medical malpractice lawyers help you.

Call our Waterloo birth injury attorneys for a free consultation

The financial, emotional and physical effects of a birth injury can be devastating. The lawyers at our Firm have served the Waterloo area for more than 60 years, and we can aggressively advocate for you, your child and your family.

Collaborating with survivors to plan the future

Dealing with a family member’s death is devastating in any circumstance. Families whose loved ones were taken by the wrongful actions of others deserve answers and, at a minimum, compensation for their lost loved one’s future earning potential and the loss of care and companionship. Money doesn’t bring a person back, but it can help families plan for tomorrow and give them a feeling that justice has been served to the extent our society allows. The compassionate attorneys at Gallagher, Langlas & Gallagher, P.C. aggressively pursue compensation for your wrongful death claim.

What is a wrongful death claim?

Wrongful death claims are a type of personal injury lawsuit arising from a death caused by another person’s or business’s negligent, reckless or wrongful conduct. Common causes of wrongful deaths include car accidents, big rig truck crashes, nursing home abuse and faulty products. Our personal injury attorneys investigate the facts of your case to gather evidence that the death occurred as a result of another party’s negligence. We continue building a solid foundation for your wrongful death case by gathering evidence linking the defendant’s actions to the injury.

Who can file a claim?

The personal representative of your loved one’s estate can be the plaintiff in a wrongful death case. The personal representative’s title for estate purposes depends on whether the decedent left a will. If so, the executor is the personal representative. If not, the person who petitions the probate court to open an estate for your loved one is known as the administrator. Administrators and executors are types of personal representatives. Either type of personal representative can file a wrongful death claim for your loved one’s estate.

Our seasoned professionals at Gallagher, Langlas & Gallagher, P.C. assist you with the entire process, including probate court. We are a full-service personal injury law firm with more than 60 years’ experience assisting the injured and their family members in the greater Waterloo community.

How much is a wrongful death claim worth?

Damages for a wrongful death claim can include economic damages, such as medical and burial expenses, and noneconomic damages, such as pain and suffering and punitive damages. While no one can predict with absolute certainty what would have happened in your loved one’s career, courts rely on a number of factors to estimate the value of lost future income the deceased probably would have earned in a lifetime, including:

• Age and life expectancy
• Earning capacity
• Health and intelligence
• Family members’ needs and losses
• Medical and funeral expenses
• Interest on losses incurred since the date of death

We add punitive damages to the expected lifetime income when we file a claim and ask a judge or jury for a final dollar amount. The purpose of punitive damages is to punish the wrongdoer and deter similar conduct in the future. We also seek payment for your attorney fees in the final compensation award.

Protecting the injured since 1951

Gallagher, Langlas & Gallagher, P.C. stands up for the rights of injured victims with aggressive, compassionate representation from award-winning, seasoned professionals. We are not afraid to face big insurance companies or corporations, and we won’t back down from a complex court battle. While we use negotiation techniques when possible to provide quick recoveries for clients, we know the ropes for preparing cases for trial and seeking the greatest amount of monetary damages available. We collaborate with you to develop a sound legal strategy to get the best outcome possible.

Where do slip and fall accidents occur?

Slip and fall accidents can happen anywhere at any time. A quick trip to the corner store can turn into a trip to the emergency room in an instant. The most common places trips and falls occur include:

• Shopping centers and grocery stores
• Gyms
• Restaurants, bars and clubs
• Sports arenas and stadiums
• Hotels and inns
• Public restrooms
• Sidewalks, escalators and curbs
• Homes of family, friends and neighbors
• Driveways, parking lots and parking garages
• Work
• Swimming pools
• Construction areas

How are people injured in slip and fall accidents?

When a child falls, the chances of major injury are slim. Their young bodies are able to handle falls better than adult bodies. As adults age, our bones become more brittle, and we are more prone to severe sprains and tears. In extreme cases, a slip and fall can be fatal. Serious personal injuries linked to slip and fall accidents include:

• Back injuries
• Neck injuries
• Spinal injuries
• Head injuries
• Concussions
• Facial injuries
• Scars
• Broken bones
• Traumatic brain injuries

An experienced personal injury attorney at Gallagher, Langlas & Gallagher reviews the circumstances of your case and recommends a course of action to obtain the highest monetary compensation possible for your injuries.

What is products liability?

A products liability claim arises from a consumer’s injury because of a company’s defective product. A defective product does not necessarily mean that a product doesn’t work like it’s supposed to — a product may be defective in its design if it poses an undue risk of harm to the intended user. When a person is injured because of a defective product or poorly designed product, the injured person may have a viable products liability claim against the manufacturer or distributor of the product.

Manufacturers and distributors are responsible for the reasonable safety of their products and for adequately warning consumers of potential risks of harm. Manufacturers and distributors have to consider all reasonable ways a product may be used.

Products liability claims can arise from virtually any product on the market. The most common types of defective products are:

• Prescription drugs and over-the-counter medications
• Food (baby formula)
• Medical devices, including defective implants
• Tobacco
• Heavy machinery
• Household appliances
• Toys
• Car seats
• Motor vehicles
• Airbags
• Seat-belts

Trust our dedicated Iowa personal injury attorneys

Contact the Iowa law firm of Gallagher, Langlas & Gallagher, P.C. online for a free consultation with a recognized leader in personal injury litigation. We give you a fair and accurate assessment of your case, explain your options and help you get started on the road to recovery.