When a person slips and falls on someone else’s premises and they wish to hold a party liable for the injuries they suffered, they first need to be able to prove that negligence was a contributing factor to their fall. Once you determine that someone else played a role in causing your accident, then you need to familiarize yourself with some of the state laws that apply to your case. When an individual is looking to hold another person or entity responsible for their injuries by way of filing a lawsuit, we refer to this as a personal injury case.
When a victim of a slip and fall accident chooses to file a personal injury lawsuit, it is important that they take the time to understand a few important laws. Some of these laws are outlined below and others can be discussed in-depth with one of our qualified Iowa personal injury lawyers. To start off, let’s take a look at Iowa’s statute of limitations law. When you hear the term “statute of limitations,” it is referring to the amount of time an individual has to take legal action against another party from the date the incident occurred.
In Iowa, the statute of limitations for personal injury lawsuits is two years, although it can sometimes differ depending on the type of incident one is filing a lawsuit for. Essentially what this means is that if you were to have slipped and fallen inside a store and you wanted to sue the owner of it for your damages, you would have two years to do so and your clock begins ticking right after the incident transpired.
How does the law differ if I want to sue a government entity?
The process to file a lawsuit against a private party or a small business owner compared to suing a government entity is much different. There is a very specific process you must follow if you wish to sue the State of Iowa if you suffered a personal injury that was “caused by the negligent or wrongful act” of an employee of the state who was “acting within the scope of the employee’s office or employment.” When this process is not followed precisely how the state requires, you risk losing your chance of collecting the compensation you are rightfully due.
Another part of Iowa’s personal injury law deals with identifying the burden proof. The fact is, anyone can file a lawsuit against another party claiming they were the cause of them engaging in an accident which why they must identify evidence that proves the party they are suing was negligent in some way. Now, if you would like to learn more about filing a personal injury for the injuries you suffered in a slip and fall accident in Iowa, contact the attorneys at Eells & Tronvold Law Offices, P.L.C. Not only will we address the questions and concerns you have, but will be more than happy to review the details associated with your accident to determine if you have the grounds to sue.
Contact us today by calling (319) 393-1020 to schedule an initial consultation with one of our trusted lawyers.
You can reach Eells & Tronvold Law Offices, P.L.C. at:
1921 51st Street NE
Cedar Rapids, IA 52402
Phone: (319) 393-1020
Fax: (319) 393-4000