Car accidents can be life-changing events. Victims are sometimes left with serious injuries, disabilities, and disfigurement. They are also often thrust into financial turmoil thanks to a growing number of medical bills and their own inability to work.
With the help of a reliable car accident lawyer, however, those who have been injured in a motor vehicle crash can find restitution. When filing a legal claim, it's important that plaintiffs remember that the burden of proof is theirs to bear, which means that they will have to demonstrate liability.
This article will provide an overview of how attorneys can help victims take their lives back by proving fault in car accident cases.
Iowa Is a Comparative Fault State
Understanding the relevant laws is important for those who wish to take legal action against a negligent party. The first thing victims need to understand is that Iowa is a comparative fault state. This means that plaintiffs can seek recompense even if they were partly to blame for the accident.
However, the compensation they receive will be reduced according to the percentage of fault they are assigned. This means that if the injured party's fault exceeds 50 percent, they will lose the right to file a lawsuit.
Suppose John is hurt in a car crash because the other driver was under the influence of alcohol. However, he also shares the blame because he failed to yield the right of way. If he is assigned 40 percent of the blame, he can still file a personal injury claim. However, the amount he receives will be reduced by this percentage.
Options for Claiming Compensation: Insurance Company or Lawyer?
There are three options available to injured parties following a motor vehicle collision. They are as follows:
File a claim with the other driver's insurance company,
Pursue compensation from their own insurance company (this is done in cases where the at-fault driver does not have insurance coverage), or
Take legal action.
Victims may be able to promptly and fairly negotiate a settlement with their insurance company if liability is established and not disputed by either party. They can also pursue this option if the at-fault driver's insurance policy covers the full cost of their damages.
However, if the other party denies liability or there are any doubts about the claimant's injuries, damages, or degree of fault, then it's a good idea for them to seek legal counsel rather than file an insurance claim.
How to Prove Fault in a Car Accident in Iowa: Proving the Four Elements
There are four elements that a plaintiff must prove in an Iowa car accident. They are as follows:
Duty of Care
The first step is proving that the defendant had a responsibility to act in a way that did not cause harm to the plaintiff. This is generally easy to prove, as all motorists are required to operate their vehicles in a way that does not cause harm to others on the road.
Breach of Duty
Claimants must also prove that the at-fault driver failed to provide this care and acted negligently. This might involve proving that the defendant exercised poor judgment or was reckless.
Causation
Next, the plaintiff must prove that the actions of the other party are what caused the accident. To do this, evidence collected from the scene, such as surveillance footage, photos, and witness statements, is usually presented.
Damages
Finally, claimants have a duty to prove that the losses they suffered, which include damaged property and injuries, were a direct result of the accident. This means that victims can't claim for pre-existing conditions or injuries that are not related to the incident.
How an Iowa Car Accident Attorney Can Prove Fault
When a claimant hires a legal representative, there are a number of things that they can do to help prove fault:
Investigate the Case and Gather Evidence
When filing a personal injury lawsuit, it's imperative that victims have sufficient evidence to prove negligence. Attorneys will contact accident reconstruction experts, medical professionals, and more to investigate the accident. They will also talk to eyewitnesses and obtain surveillance footage, along with anything else that might help to prove liability.
A lawyer may also advise the plaintiff to make notes about their injuries that can be used in the case. This will ensure that no details are forgotten.
Negotiate
Attorneys also have years of experience working with insurance companies and can help to negotiate a fair settlement. In many cases, insurers try to get victims to settle for ridiculously low amounts. A legal advocate will fight for their rights, ensuring that they are not taken advantage of.
If the victim decides to file a lawsuit, the lawyer will also handle negotiations with the other party, working to obtain a favorable outcome.
Expert Guidance
When taking legal action against another party, it's important that victims do not post about their injuries on social media or admit fault to the other driver. An experienced advocate will ensure that their client understands how car accidents work and work to ensure that he or she does not take any unfavorable actions.
Represent the Victim in Court
Sometimes, a settlement cannot be reached through negotiation. When this happens, a reliable a car accident attorney in Des Moines will take the matter to court and ensure that there is sufficient evidence available to prove liability.
Statute of Limitations for Car Accidents
Victims in Iowa have two years from the date of the accident to file a legal claim. Failing to do so in the allotted time frame will result in the person losing their right to compensation. This is why it's crucial that claimants contact a reliable personal injury lawyer as soon as possible to begin the process.
Tom Fowler Law Is Here to Help
Proving fault in a car accident case is not easy and requires the expertise of an experienced personal injury lawyer. Who can also explain how to prove fault in a truck accident in Iowa. As a leading team of advocates in Des Moines, Iowa, we take great pride in offering aggressive representation, ensuring that no stone is left unturned in the pursuit of justice.
Whether a person has been injured in a rear-end collision or an auto accident involving multiple vehicles, we are confident that we can help them obtain the compensation they deserve to cover both past and future expenses.
Victims are encouraged to reach out to us to schedule a free consultation so that we can get started proving fault on their behalf.
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