Personal Injury/
Wrongful Death

 

 

Brady & O'Shea, P.C. practices law in the four general categories: Personal Injury/Wrongful Death, Civil Rights & Employment Law, Business & Consumer Litigation and Business/Transactional Law.

If you decide you need someone on your side, we encourage you to call or use our Case Evaluation Form.

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For detailed information on any of the specific Personal Injury/Wrongful Death Law practice areas listed, click on a topic in the list below.

Personal Injury

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Personal Injury Brochure

Wrongful Death

Under Iowa law, the survivors of a person who dies as a result of the fault of a third party may bring an action for wrongful death. The elements of a wrongful death recovery include claims both by the estate and by the survivors. Estate claims include claims for pre-death pain and physical and mental pain and suffering, loss of accumulated value of the estate, and interest on premature burial expenses. Claims for the survivors include, where applicable, claims for loss of spousal consortium, loss of consortium of a parent for a deceased child and loss of consortium of a child for a deceased parent.

Iowa law, effective July 1, 2007, parents of an adult child may now bring an action for loss of their consortium arising from the death of their adult child. 613.15A

Brady & O’Shea has brought numerous actions to recover for wrongful death, including actions brought under the new Iowa statute.

Automobile, Truck and Motorcycle Accidents

Persons who are injured in automobile, truck and motorcycle accidents have a legal remedy against the other drivers involved in the accident, provided that the other drivers were more than 50 percent at fault. Truck and motorcycle collisions involve unique factual and legal considerations, including collision dynamics and special regulations.

An injured person may be entitled to recover past and future medical expenses; wages lost as a result of the accident; lost future earning capacity; past and future loss of full function of the mind and body; and past and future pain, suffering and loss of enjoyment of life. We have successfully tried and settled numerous cases for persons, including passengers, drivers and pedestrians, who were injured in automobile, truck and motorcycle accidents, pursuing against other drivers and vehicle owners and when the other driver or owner is uninsured or underinsured, against the injured person's uninsured or underinsured motorist carrier.

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Premises Liability

We have represented numerous clients who were injured because of a dangerous condition on the property of another in claims against owners, landlords, businesses and other property. The dangerous conditions in these cases have included snow and ice covered sidewalks, unmarked areas under construction, poorly designed and/or poorly marked curbs or exit ways, unsafe playgrounds and unsafe commercial stairs.

Actions against property owners or landlords are often based on the owner or landlord's creation of a hazardous condition, failure to warn the injured person of dangerous condition, and failure to remedy an unsafe condition. We have obtained successful jury verdicts in cases like these, including cases against a large national retail store and against a state university.

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Product Liability

A person injured by a defective product may have a cause of action against the manufacturer or seller of the product. In Iowa, the manufacturer can be held strictly liable for injuries caused by a defective product if the product was defective when it left the manufacturer. A manufacturer may also be held liable for failing to provide consumers with adequate warning of the product's dangers either before its sale or, under certain circumstances, after its sale. A seller of a defective product may be held liable for injuries caused by the product if they were actually negligent in their manufacture or design of the product.

Our attorneys have represented clients against a number of manufacturers and distributors of defective products, including auto, seat belt, and steering wheel manufacturers.

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Medical Devices and Pharmaceutical

Many people have been injured or killed as a result of dangerous or defective prescriptions or other pharmaceutical products or medical devices. Persons who have been injured and the loved ones of persons who have been killed may have claims against the manufacturers of these dangerous products, including claims for product liability, negligence or failure to adequately warn of the risks associated with the drug or medical device. Cases against large pharmaceutical or medical device manufacturers are complex and involve unique legal issues. Brady and O’Shea has represented a number of patients and their families who have been injured by defective medical devices and suffered serious illnesses as a result of taking prescription medications.

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Professional Negligence

Certain professionals have ethical codes and standards of care which govern their conduct and require them to exercise a higher degree of care when carrying out the duties of their profession. The list of these professions includes medical care providers, realtors, attorneys, investment advisors and accountants.

We have represented plaintiffs in a number of cases against professionals, including:

  • Cases against realtors for misadvising their clients, failing to fully disclose information to their clients and failure to comply with state and federal statutes regulating the conduct of realtors;
  • Cases against investment advisors and brokers for violating the regulations governing their professions.
  • Cases against insurance professionals for improperly advising and failing to secure insurance coverage for their clients; and
  • Cases against financial planners for improper financial advice.

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Lead Poisoning Cases

According to the Center for Disease Control, nearly half a million children have elevated blood lead levels that can cause irreversible damage to their behavioral development, intelligence, nervous systems, kidneys, reproductive systems and their stature and growth. Most lead-poisoned children are exposed to lead through lead-based paint found in their residence.

Lead poisoning problems extend beyond large metropolitan areas. Many children in the Cedar Rapids and Eastern Iowa area have been diagnosed as having an elevated blood lead level. Various federal, state and local laws provide remedies for lead poisoned children and their parents against landlords and property owners of the child's residence.

Our office has handled suits against landlords; realtors and property sellers who have failed to provide the required disclosures; and municipalities where the child resided in a property that participated in Section 8 rental assistance. It is important for parents or guardians to retain legal counsel experienced in lead poisoning cases to ensure that the child is examined by appropriate experts and that all relevant documents are obtained.

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Dram Shop

The Dram Shop Act (Iowa Code § 123.92) provides for any person whose body, property or means of support is damaged or injured by an intoxicated person to bring suit against an establishment with a liquor license, if an employee of the establishment sold the intoxicated person alcohol when they knew or should have known that the person was or would become intoxicated. It is important to note that the Dram Shop Act requires that the injured person provide the establishment with notice within 6 months of the injury. We have handled claims on behalf of a number of persons who have been injured by drunk drivers against establishments that have served the driver to the point of intoxication.

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Agricultural Injuries

Agricultural injuries are common place in Iowa, and result in tragic and avoidable injuries and deaths every year. Despite many years of warnings and efforts to educate the public, injuries caused by dangerous and defective agricultural machinery, grain suffocations, and other farm and agricultural injuries continue to occur regularly.

Brady & O’Shea has represented a number of injured agricultural workers and their families in obtaining compensation for injury and death caused by agricultural accidents, including a recent lawsuit against multiple parties on behalf of the widow and children of a young man who died in a grain suffocation injury.

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Industrial/Construction Site Injuries

Industrial accidents and those occurring at construction sites often present complicated legal issues concerning the relationship between the general contractor and sub-contractors, the impact of OSHA regulations, identity of responsible parties, interplay with workers compensation coverage, and other factors. Brady & O’Shea has represented a number of workers and their families who were involved in serious industrial and construction site injuries, and have filed actions against general contractors, other sub-contractors, and commercial property owners to recover for workers injuries.

Nursing Home Litigation

As Iowa’s population grows older, many families make the difficult decision to entrust their loved one to a nursing home. Sadly, not all nursing homes give their residents the care they deserve.

Nursing home abuse and neglect can take many forms including physical, mental, or sexual abuse, falls, bed sores, malnutrition and dehydration, and medication errors. This improper care can lead to injury or even death of vulnerable seniors.

Our attorneys have represented individuals who have suffered abuse or neglect at the hands of nursing homes, as well as their families, including a recent wrongful death action arising from inadequate nursing home care.

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Intentional Torts and Crimes

Victims of crimes like assault, battery, child abuse, sexual assault and false imprisonment may have civil remedies. Victims may be able to bring lawsuits against the actual perpetrator. However, since the perpetrator's insurance seldom covers these damages, victims of these crimes may consider bringing a claim against a third-party. Potentially liable third parties may include a bar, hotel or mall for negligent security. The perpetrator's employer may also be liable if the crime was committed while the perpetrator was working and the employer's negligence in some way contributed to the commission of the crime.

We have represented victims of crimes against both the perpetrator and third parties in Cedar Rapids and Eastern Iowa. Our cases have included situations involving assault, sexual abuse, vehicular homicide, and identity theft.

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Dog Bites and Animal Liability

Iowa law, including Iowa Code Section 351.28, provides that the owner of dog who bites or attempts to bite a person is strictly liable for any injuries caused by the dog bite. We have successfully represented a number of clients on such claims.