Recovering from a car accident can be a physically and emotionally trying process. This is especially true if the collision resulted in serious injuries.
In addition to physical therapy and the potential need to adjust to a limited lifestyle, accident injuries may necessitate a civil lawsuit. This is particularly common when a negligent driver caused the wreck.
If you are a victim in a car accident, knowing the facts that govern injury lawsuits can help demystify the process of pursuing damages. First, it is important to understand that the systems for determining fault and liability can vary from state to state.
Iowa follows a comparative fault system, and if you intend to file a lawsuit, a Cedar Rapids personal-injury lawyer from Eells & Tronvold Law Offices, PLC can help with this process. Our attorneys can address any questions or concerns you may have about the claims process, as well as represent your interests during settlement negotiations and potential litigation.
If you were not at fault for the collision, an accident attorney from our firm may be able to help you recover damages for medical expenses and lost wages. To get started, schedule an appointment by calling us at 319-393-1020.
Here is a brief overview of comparative fault laws in Iowa:
Comparative Fault Laws in Iowa
According to Iowa Statutes, if you were the victim of a car accident, you may be able to recover damages from any individual or organization that contributed more to the cause of the crash than you did. A judge will reduce the amount that you can claim from the other parties based on the percentage of your own fault in the crash. This technically categorizes Iowa as a modified comparative negligence state.
These regulations may limit the payout that accident victims receive if they were partially responsible for the wreck. For example, if a judge determines that your actions contributed 10 percent to the accident, your compensation will be the amount the judge declares minus 10 percent due to your own participation.
Impact of Comparative Fault outside of Court
If you decide to settle out of court, Iowa’s modified comparative negligence laws do not have a legal impact on your situation. However, it is likely that the other driver’s insurance company will use the same principles to adjust your claim.
The guidance of an accident attorney may prove invaluable when negotiating with insurance companies for a fair payout. An experienced lawyer will be able to explain this process and represent your interests.
Comparative fault is just one aspect of the complex legislation that governs car accident lawsuits. If you sustained injuries in a crash, call Eells & Tronvold Law Offices, PLC for advice.
Our attorneys have more than 75 years of legal experience, and we can evaluate your case to determine if you may have a valid claim. To schedule an appointment with a Cedar Rapids accident attorney, call us today at 319-393-1020.