Let’s start with a sample situation – You were involved in a car crash in Des Moines. The other driver was clearly drunk and driving over the speed limit. You suffered injuries and now have massive medical bills to pay. You have lost valuable income. What should you do? The answer is simple – Sue the responsible party and recover a settlement, for which you must start with a personal injury claim. Not many people understand the laws in Iowa, and claimants are often concerned about seeking help. Before you take the first step, learn more about such claims and lawsuits in this factsheet.
Remember the deadline
Whether it is an auto accident lawsuit or a medical malpractice claim, there is a standard statute of limitations that you must adhere to. In Iowa, you usually have two years to initiate action, and this is only for lawsuits and not insurance claims. If you want to recover money through insurance, as in the example above, you must promptly report the incident and file a claim. There are some exceptions to the deadline, but it is essential to remember this aspect.
Comparative fault
What if you were also slightly over the speed limit when the accident happened in the above example? In such situations, Iowa courts follow the modified comparative fault norm. You can only act against the other party when you are at a lesser fault, and your share of the accident blame shouldn’t be more than 50%. Also, the payout or award you get for the claim will be minimized for the percentage of your fault. The calculations are often complex, and there is usually a blame game when multiple parties are involved.
Hiring an attorney is crucial
While not mandatory, hiring an injury lawyer in Des Moines is essential for your case. Firstly, no lawyer can guarantee an outcome, and it’s best to stay away from someone who assures an exact payout in advance. However, having a legal team can certainly improve your chances and reduce the burden of handling everything alone. Your lawyer will take care of the paperwork, the claims process, the case investigation, and negotiations with other parties.
There are no upfront costs
If you are concerned about your ability to pay an attorney, you should know the contingency fee, which is a norm for personal injury cases. Unlike a family lawyer who charges an hourly rate and a retainer, a personal injury lawyer in Iowa will work on recovering a payout and get a share of the settlement. The contingency fee makes it simpler for claimants to seek legal help. Make sure to ask about the percentage, which depends on the facts of your case.
Know what damages you can recover
Your lawyer will usually start with an assessment, where they will try to find out the damages you can seek. The list usually includes the cost of medical care, future treatments, lost income, and physical therapy. Lawyers usually try to recover non-economic damages, such as the pain and suffering. Your attorney may need to investigate further to find the exact payout you can recover, but you can ask for an overview.
Understand your role
It is crucial that you remain honest with your lawyer. They should know every detail that can impact your case. In the example we shared, if you were partly responsible for the accident, admit that when you meet the attorney. Adhere to the dos and don’ts they share with you, such as not posting anything on social media and not talking to the insurance company agent directly.
Work with an attorney soon after your accident to make the most of available time and recover valuable evidence.