Des Moines Child Injury Lawyers
Are you looking for a child injury lawyer in Des Moines, IA?
At Law Group of Iowa, we provide child injury representation grounded in 17 years of work on behalf of clients in Des Moines.
If your child has been hurt in Des Moines because of someone else’s carelessness, the medical questions come first and the legal ones follow close behind. At the Law Group of Iowa, we have practiced injury law for more than twenty years. Our Des Moines, IA child injury lawyer can take over the claim so you can focus on your child’s recovery. Reach out to a Des Moines child injury attorney for a free consultation.
Child Injury Lawyer Des Moines, IA
A child injury case is a personal injury claim brought on behalf of a minor, usually by a parent or court-appointed guardian, against the person or business whose negligence caused the harm. Children cannot file suit on their own. The claim belongs to the child, but an adult manages it, and any settlement typically needs court approval before a dollar is released.
Unintentional injury is the leading cause of death for Iowans between ages 1 and 34, according to Iowa HHS injury data. Behind each fatality are far more children treated at Blank Children’s Hospital for broken bones, concussions, burns, and bites. A Des Moines child injury attorney evaluates who was responsible, what the injury will cost across the child’s lifetime, and how to protect the recovery until the child is an adult.
Types of Child Injury Cases We Handle in Des Moines
Children get hurt in ways adults rarely do. They trust that the playground is safe, that the car seat was installed right, that the adult watching them is paying attention. When that trust is misplaced, our Des Moines child injury lawyers help families hold the responsible party accountable.
- Car accidents. Improperly installed car seats, distracted drivers on I-235, and crashes in school pickup lines injure Des Moines children every year. We investigate restraint use, driver conduct, and vehicle defects, then deal with the insurers directly.
- School bus accidents. Bus rollovers, loading-zone strikes, and collisions with passing drivers raise questions about district policies and driver training. We request route records, onboard video, and witness statements early, before they disappear.
- Pedestrian accidents. Children crossing near schools, parks, and neighborhood streets are struck by drivers who fail to yield. Comparative fault matters here, and we push back hard when an insurer tries to blame a seven-year-old for a driver’s inattention.
- Bicycle accidents. Head injuries and fractures follow when a driver turns into a young rider at a trail crossing or on a residential street. We document the scene, helmet use, and the driver’s line of sight.
- Dog bites. Children are bitten on the face and hands far more often than adults, and the scarring can be permanent. We pursue the owner and the homeowners or renters policy that covers the animal.
- Premises liability. Unfenced pools, broken playground equipment, and understaffed daycare facilities are the settings we see most. Property owners and childcare operators owe children a duty of care that grows with the child’s vulnerability.
- Product liability. Defective cribs, toys with detachable parts, recalled car seats, and furniture that tips over cause serious injuries. We identify the manufacturer, distributor, and retailer and hold each accountable.
- Medical malpractice. Birth injuries, delayed diagnoses, and medication dosing errors in pediatric care fall under Iowa’s medical negligence rules, which carry their own filing deadline for very young children.
- Brain injuries. A concussion in a developing brain can affect learning, attention, and behavior for years. We work with pediatric specialists to project the long-term impact before any settlement number is discussed.
Why Choose Law Group of Iowa as my Child Injury Lawyer in Des Moines, IA?
Local Legal Knowledge and Experience in Des Moines
Christopher Johnston founded the firm and has practiced since 2001. He is licensed in Iowa and Minnesota and admitted to the U.S. Court of Appeals for the Eighth Circuit. A third-generation Iowan whose family settled in Coin, in Page County, he has tried car accident, semi-truck, civil rights, and wrongful death cases across the state. His memberships include the American Association for Justice and Minnesota Association for Justice, and Minnesota Law & Politics named him a Rising Star in 2011.
Christopher Martineau has practiced since 2003 with a focus on automobile crashes, dangerous property conditions, slip and fall injuries, and wrongful death. He belongs to the Million Dollar Advocates Forum, a group limited to attorneys who have served as principal counsel on a verdict or settlement of $1 million or more.
Our personal injury lawyer in Des Moines, IA knows how the Polk County Courthouse operates, the judges who oversee cases, and the adjusters who handle claims for Iowa’s largest insurers. That familiarity is exactly what you want when the injured client is your child.
Results and a Free Consultation
Our attorneys have secured settlements and verdicts for injured Iowans for more than two decades. Every child injury consultation with a Des Moines child injury lawyer at our firm is free. You speak with an attorney about what happened and leave with an honest assessment of the claim.
Understanding Child Injury Cases
Damages, Liability, and Compensation for Child Injury Cases
Liability depends on negligence: the responsible party owed the child a duty of care, breached it, and caused an injury that produced real losses. Iowa applies a modified comparative fault rule under Iowa Code chapter 668. A claimant whose share of fault is greater than the combined fault of the defendants recovers nothing, and any smaller share reduces the award by that percentage. Insurers know this and look for ways to assign blame to the child, so a Des Moines, IA child injury attorney has to be ready with fault evidence from day one.
Compensation falls into a handful of categories:
- Medical expenses already paid, which parents typically claim because they paid them
- Future medical care, therapy, and adaptive equipment projected over the child’s life
- Pain and suffering, including the emotional weight of a visible injury on a young child
- Loss of future earning capacity when the injury will follow the child into adulthood
- Loss of the child’s services and companionship, claimed by the parents
Important Aspects of a Child Injury Case
Two features set these claims apart from an adult’s. The first is time. Under Iowa Code chapter 614, most personal injury claims must be filed within two years of the injury. A minor’s own claim is extended, though, so the child has one year after turning 18 to file. A parent’s separate claim for medical bills is not extended and runs on the standard two-year deadline. Medical malpractice claims for a child under eight follow their own rule and must be filed by the child’s tenth birthday or within the usual window, whichever comes later.
The second is court oversight:
- A parent or guardian must be appointed to act on the child’s behalf
- Settlements usually require a judge’s approval
- Funds are often placed in a restricted account or structured settlement until the child reaches adulthood
- Medicaid and private insurance liens must be resolved before any disbursement
What Is the Child Injury Case Timeline?
Most child injury claims in Polk County resolve within one to two years. Serious injuries take longer, because a child injury attorney in Des Moines should not settle until the doctors can say how the child will heal.
- Investigation and evidence preservation in the first few weeks
- Treatment continues until the child reaches maximum medical improvement
- A demand goes to the insurer with full documentation of the losses
- Negotiation, and if the offer falls short, suit is filed in Polk County District Court
- Court approval of the settlement and setup of the child’s protected account
What to Bring to Your Child Injury Consultation?
Bring what you have to your appointment with us. Missing some of the following items do not stop the meeting from being productive.
- Emergency room and pediatrician records, plus photos of the injury as it heals
- Incident, police, or daycare reports and any witness contact information
- Insurance information for your family and, if known, for the responsible party
- Notes on missed school, missed work, and changes in your child’s behavior or sleep
If the injury came from a crash, the steps parents take in the first hours determine the evidence available later. The consultation is about an hour, and you will leave knowing what deadlines apply and what happens next.
Dangerous Locations for Children and Local Resources in Des Moines
In our experience, the settings that produce the most child injury claims in Des Moines are school pickup lanes, apartment complex pools, park playgrounds, daycare parking lots, and the crossings near Des Moines Public Schools campuses. Each involves a mix of moving vehicles, distracted adults, and children who are small enough to be missed.
- Blank Children’s Hospital coordinates Iowa’s Child Passenger Safety Program and offers car seat checks with certified technicians
- CDC child passenger data show that roughly 46 percent of car seats and booster seats are used incorrectly in a way that reduces protection
- Polk County District Court at 500 Mulberry Street hears civil injury cases and approves minor settlements; juvenile matters are handled at 222 5th Avenue
Reach Out to Law Group of Iowa to Schedule a Consultation
If your child was hurt in Des Moines, IA, talk with a child injury attorney before you talk with the insurance company. Consultations are free, and we return calls and messages promptly so you are not left waiting for answers. Tell us what happened, and we’ll let you know where the claim stands. Contact us to schedule a time that works around your child’s appointments.