Many times, Iowans are injured in car accidents that weren't their fault. These situations can be devastating for all involved, leaving the victim with physical pain, financial losses, and emotional trauma.
Car accident victims could be entitled to compensation under Iowa law if someone else's negligence caused the damage. However, understanding one's rights and the legal process can be daunting. It's often best to hire a personal injury lawyer to sue the at-fault party. This can also be helpful when understanding how truck accident settlements are calculated in Iowa.
While the laws surrounding personal injury are complex and confusing, it's still important to know what they are. That will help victims receive a fair car accident settlement.
This guide will help people understand how motorcycle accident settlements are calculated in Iowa, ensuring one knows what to expect and the benefits of hiring a personal injury attorney. This can also be helpful when determining how bicycle accident settlements are calculated in Iowa.
What to Do to Ensure a Fair Settlement for a Motorcycle Accident in Iowa
After being in a car accident in Iowa, one must take these steps to ensure they get the personal injury settlement they deserve:
Stay at the scene of the car accident, and call the police. When someone arrives, provide full details of the incident without admitting fault.
As soon as possible, write down the details of the car accident. Consider obtaining witness contact information, witness statements, and police reports because those will be useful later. If possible, take photos of the vehicles involved, the injuries suffered, and any hazardous conditions that might have led to the crash.
Get medical attention as soon as possible. It's wise not to put this off, even if the injuries seem minor or unrelated to the car accident. Victims want to ensure maximum compensation, and that is the best way to do so.
Document all doctor reports, medical records, lost wages from downtime, and expenses related to the motorcycle accident.
Report the crash to the insurer, and contact the at-fault driver's insurance company. One must do so to file a car accident claim.
Think about calling an experienced personal injury attorney to get expert advice on the case.
Average Settlement Amount for an Iowa Car Accident Claim
Determining the average car accident settlement is challenging because each negotiation, person, and incident is different.
A large car accident settlement could be millions of dollars, but the average amount for moderate harm is roughly $30,000. The value of the compensation could be more than that, but it all depends on the facts of that specific personal injury case.
Ultimately, it's best to contact an Iowa car accident lawyer. They can help calculate how much the motorcycle crash claim is worth after evaluating the case. For more information, a Des Moines motorcycle accident lawyer may be able to help.
Types of Compensation Available for a Settlement
Typically, a car accident settlement involves these two types of compensation options:
Non-economic Damages
Non-economic damages refer to those abstract losses, including loss of consortium, permanent disfigurement, physical disability, emotional distress, and pain and suffering. It's harder to calculate them because they're based on how the victim feels.
Generally, non-economic damages use different methods, such as comparative analysis, daily rates, and multiplier options.
Usually, the multiplier method is the go-to choice. The total economic damages will be multiplied by a number (one through five). That is based on the severity of the victim's injuries and their impact on that person's life. Then, they're added to the car accident settlement.
Economic Damages (Medical Bills and More)
Alternatively, economic damages after a car accident focus on a victim's tangible losses, such as vehicle repairs, lost wages, and medical bills. They have a financial value, so they're easily calculated, but it's important to have proof.
The Timeline for a Car Accident Claim
In most cases, car accident settlement negotiations require between three and nine months, though it can take a year or longer to settle with the other driver's insurance company. The time frame depends on various factors, such as working with all parties, availability of information and evidence, and the severity of injuries and damage.
An At-fault State - What It Means
Many US states use a fault-based system, and Iowa is on the list. Therefore, whoever is responsible for the car accident must also pay for any damages. These can include pain and suffering, lost wages, and medical expenses. Usually, the other driver's insurance company will cover most of the settlement.
Iowa law states that the at-fault driver is responsible for damages relating to the car accident. Typically, the victim will file a claim with the other party's insurance company. They must then pay the costs associated with that incident.
Sometimes, Iowa law allows punitive damages in the personal injury case. That focuses mainly on punishing the negligent driver.
What Does Comparative Negligence Mean for an Auto Accident?
Generally, Iowa uses the "modified comparative negligence" rule. This means that the motorcycle accident victim can sue the other driver and their insurance company, along with any relevant third parties. However, the injured person must not be more than 50 percent at fault for the incident.
If the injured person is deemed to be at fault (less than 50 percent), their damage award is often reduced.
For example, the other driver was primarily at fault, so the jury awarded the victim $150,000. Still, they found that the injured person was 10 percent involved, so the court took away $15,000 of the award. Working with a personal injury attorney ensures the amount is as fair as possible.
Overall, if the jury finds the victim 60 percent at fault, the modified comparative negligence rule indicates they get nothing. While the law doesn't bind insurance companies, they often determine who is responsible. Therefore, it's wise to hire a personal injury attorney to assist with the case.
Not Taking Financial Responsibility (Not Following Iowa Auto Accident Laws)
The Financial and Safety Responsibility Act requires those on the road to show financial responsibility. If they don't, the Iowa DOT might suspend that person's driver's license, the vehicle might be impounded, and they may have to pay a fine.
One must then show proof of financial responsibility to get their license back, which requires SR-22 insurance. Most insurers consider this a high-risk situation, so they charge higher premiums.
Car Insurance Company Requirements
Iowa drivers are required to have liability insurance, which has minimum coverage for bodily harm, property damage, and death. These are the typical amounts:
$20,000 for bodily injury/death
$15,000 for property damage
$40,000 for death liability or total bodily injury
Any damages claimed can't go over the policy limits. Therefore, victims often start a case with the other party's insurance company and then file a lawsuit against the at-fault driver. They must pay the rest out of pocket.
Primarily, Iowa law doesn't require people to carry uninsured motorist coverage, but it's good practice to have it.
Pain and Suffering
It's possible to claim pain and suffering in Iowa after being injured in a motorcycle accident caused by someone else's negligence. If the other driver has insurance coverage, one can file a personal injury case with the insurer to receive compensation for this.
However, the compensation amount one receives for pain and suffering will vary and depend on the specifics of that personal injury case. This includes the severity of the injuries, the impact they have on daily life, the pain endured through medical treatment, and the length of recovery time.
In most cases, the car accident settlement will include pain and suffering. Still, the lawyer must prepare the evidence, which includes statements from healthcare professionals and medical records. These can attest to the pain experienced during recovery.
While medical expenses are easy to calculate based on the records available, pain and suffering compensation is considered a non-economic damage. Therefore, it's calculated using the multiplier method, which was explained earlier.
Statute of Limitations for Auto Accident Settlements in Iowa
The statute of limitations will set a deadline for car accident victims to file the lawsuit. If one doesn't do that within the time frame, they will often lose their claim.
Iowa law often gives auto accident victims two years to file a personal injury lawsuit.
Typically, the two-year period starts on the day of the motorcycle accident. However, the deadline to file a claim for property damage is different. One has five years from the date of the incident to do that.
It's important to understand that the statute of limitations doesn't apply to settlements from a car insurance company. Still, if one fails to file by that deadline, the insurer has less incentive to settle. Ultimately, it knows the victim cannot go through the court system.
Even if one believes that the case will settle, one should consider the deadline. Missing the statute of limitations can have negative consequences. Overall, it's wise to work with an attorney and have plenty of time to negotiate with the insurance company.
The Dram Shop Law
In Iowa, there is the Dram Shop Law. This lets individuals pursue compensation from restaurants, bars, and other drinking venues if they were injured in a motorcycle accident involving a DUI/OWI.
Under this law, a patron was served alcohol in violation of the state's liquor control laws (by being visibly intoxicated or underage). They caused an accident, so the establishment can be held responsible for any damages.
Recovering Damages for a Personal Injury Claim
Recovering damages means that the victim gets a payout to cover the costs incurred because of the crash. Typically, insurance coverage indicates how much the at-fault party must provide. However, they could be required to pay out of pocket if the injuries were extensive.
A victim will often contact the insurance company first, even if they're not at fault. An insurer works with the other side to reach a car accident settlement.
One can also file directly with the at-fault party's insurance company. To do that, it's wise to send a demand letter to lay out the expectations and the settlement amount desired. The other driver will usually negotiate to pay out less.
Many times, the settlement negotiations fall through, meaning the insurance company doesn't provide an amount that works for the victim. In this case, it's wise to hire an attorney to file a lawsuit against the other driver directly.
Sometimes, a third party was also responsible for the incident. For example, a tire manufacturer might have used a defective product. Likewise, the city may not have fixed a broken stoplight.
In these cases, victims are often awarded more money than if the insurer settled. While it's helpful to have the other party's insurance company cover medical expenses and lost wages, one should focus on suing everyone involved to get the compensation they deserve.
Damages
Overall, economic damages are easy to document and include medical bills and lost wages.
Alternatively, non-economic damages aren't as easy to document. There is no way to put a monetary value on pain and suffering, so most courts and lawyers use the multiplier method to get a number. Similarly, juries can award any amount here because there's no cap.
To recover damages at a trial, one must prove the other driver's negligence. This means that they failed to provide a reasonable standard of care. That breach of duty caused the accident.
Plus, one must remember that the other party has to be more at fault for the incident.
Hire a Personal Injury Lawyer Today!
Everyone deserves a fair car accident settlement after being injured, especially if they weren't responsible. Iowa has many laws in place to help victims seek compensation for damages, which include pain and suffering. However, the process can be confusing, requiring one to understand the regulations surrounding auto incidents.
Ultimately, it's best to hire a personal injury attorney, and Tom Fowler Law can help. We know how challenging it is to be injured through no fault of your own and navigating through the confusing laws. Let us assist. Call to request a free consultation today.
Our team will review your case to see if it would be worthwhile to file a claim with the at-fault driver's insurance company. Likewise, we can gather evidence to support your defense, taking it to trial if necessary.
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