Posts in category: Personal Injury

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.