In the wake of a disaster, filing a lawsuit is the last thing on a victim's mind. However, accidents can change a person's life forever, affecting their ability to work.
With mounting medical bills, filing a claim for damages against the at-fault party is often the only option that sufferers have.
However, taking legal action can seem incredibly daunting, but armed with the right information, claimants do not need to feel intimidated.
At Tom Fowler Law, we understand the challenges that victims face when filing a personal injury lawsuit. We have broken it down into an easy-to-follow guide to help them obtain restitution and hold the right parties liable for their damages. We can also provide more information on how to file a lawsuit for construction accident in Iowa.
What Qualifies as a "Personal Injury?"
Personal injuries are inflicted on a victim because of the negligence or intentional misconduct of another person or entity. They include physical, mental, and emotional consequences that cause the claimant to incur financial and non-monetary damages, such as medical expenses, lost wages, pain and suffering, and more.
These injuries can occur in a number of different scenarios. A car accident caused by a negligent driver, for example, might result in a passenger being seriously injured. Medical malpractice might also result in numerous damages.
Understanding Iowa's Modified Comparative Negligence Law
Personal injury claims in Iowa are governed by the modified comparative negligence law. If a plaintiff is determined to be somewhat to blame for their injuries, their compensation will be reduced in accordance with the percentage fault that they bear. It's important to remember that if a victim bears more than 50 percent of the blame, they lose the right to file a legal claim.
However, this should not deter a person from contacting a personal injury lawyer in Des Moines. It's crucial to remember that Iowa has a "modified" comparative negligence system, which allows claimants to recover damages as long as their percentage of blame is below 50 percent.
The truth is that personal injury claims are often complex, which is why it's important for victims to work with an experienced team of lawyers with the expertise needed to win the case. Tow Fowler Law is committed to ensuring that claimants get what they rightly deserve.
How to File a Lawsuit for Personal Injury in Iowa
Filing a personal injury lawsuit in Iowa is a relatively simple process when done with the help of a reliable attorney. Here is a step-by-step guide that victims can follow to obtain compensation for their damages:
Compile Evidence
It's important for claimants to have proof to support their personal injury case. Before approaching a legal advisor, it's advisable that they gather important documentation, such as their medical bills, healthcare records, photographs from the accident scene, and proof of lost wages.
Consult a Lawyer
The next step is for the claimant to approach a reputable personal injury attorney who can provide sound legal advice and help them build a strong case. A lawyer will conduct an investigation of the incident to uncover more evidence. He or she might also call in accident reconstruction experts, medical doctors, and more.
File an Iowa Personal Injury Claim
Then, the attorney will file a claim for damages. They will ensure that their client receives the maximum amount for both economic and non-economic damages, such as:
Medical expenses
Lost income
Pain and suffering
Mental anguish
Loss of enjoyment of life
Negotiation
Once the claim has been filed, the lawyer will handle all communication with the defendant. They will also facilitate negotiations, ensuring that their client's rights are protected.
Representation in District Court
If a settlement cannot be achieved through negotiations, the lawyer will take the case to court, where all facts and evidence will be presented before a judge or jury. Trial proceedings can take longer, which is why it's usually advisable for the parties involved to try to work things out during negotiations.
However, if this cannot be achieved because of liability disputes or other reasons, the matter can still be taken up in court.
What Is the Statute of Limitations for Personal Injury Cases?
According to the Iowa Code § 614.1(2), victims who were injured in accidents caused by the negligence or wrongdoing of another have two years from the date of the incident to commence the legal process. This includes those who were injured in or because of:
Product liability cases
Car accidents
Premises liability cases
Intentional wrongdoing
It's important for victims to consult a attorney regarding the deadline for their personal injury claim, as certain exceptions may apply. Moreover, claimants are encouraged to pursue legal counsel as soon as possible to ensure that they have a good chance of filing a successful claim.
When a Victim Should File a Personal Injury Lawsuit
In many cases, injured parties can seek compensation from the relevant homeowners, liability, or auto insurance company for their damages. However, it is advisable to file a personal injury in the following situations:
When the damages exceed policy limitations.
There are non-monetary losses involved, such as pain and suffering.
Liability has been disputed.
The insurance policy has certain exclusions that prevent the full payment of damages incurred.
The good news is that our law firm offers free consultations, so if an injured party is unsure of whether or not they have a case, they can talk to an attorney who is well-versed in Iowa law for sound legal advice.
Tom Fowler Law Is Here to Help!
Filing an Iowa personal injury claim doesn't need to be difficult. At Tom Fowler Law, we understand that victims are often intimidated by the prospect of filing a lawsuit. This is why we focus on making the process as simple as possible. We're able to assist with how to file a lawsuit for slip and fall in Iowa as well.
Our team has years of experience handling personal injury lawsuits and works hard to ensure that all our clients understand the law and are informed at every stage of the claims process. No matter how complex the case, we are confident that we have what it takes to secure a positive outcome.
It all starts with an initial consultation. Claimants can call us to schedule a FREE consultation and case review.
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