Car crashes, slip & fall accidents, product defect-related injuries, medical malpractice, dog bites, and nursing home abuse – These are some of the common personal injury cases. If you were hurt in an accident or suffered the consequences of someone’s reckless act in Iowa, you can file a claim. The purpose of a personal injury claim is not to punish the other party but to get a settlement. While compensation may not necessarily undo the damages, you can certainly use the payout to deal with the losses, such as the cost of medical treatment and lost wages. You can also recover non-economic damages, such as compensation for pain and suffering. In this post, learn more about such claims and the relevance of an attorney.
You have to adhere to the time cap
You are required to file a personal injury lawsuit within a time frame of two years in Iowa. The count starts from the date of the mishap, but there are some exceptions. For instance, if you didn’t “discover” your injury immediately, you may have some more time. However, the statute of limitations is rather strict, and the deadline should be taken seriously. That said, the two-year limit isn’t for insurance claims. If you were hurt in a car crash and want to file a third-party claim with the other party’s carrier, you must do so soon.
Your fault is a significant factor
Whether or not you get to sue the other party depends largely on your share of the blame, if any. For example, if you were injured in a slip-and-fall accident on someone’s property but were also ignorant of the warning signs, you are at fault. Iowa follows what is called the “modified comparative negligence” rule. If you are more than 50% liable for the accident or your losses, you don’t get to sue the other party at all.
You need an injury lawyer
Personal injury laws are complex and hard to evaluate. The biggest challenge for any claimant is to produce evidence and prove the fault of the other party. If you don’t know where to start, hiring an injury lawyer can help. A qualified and experienced attorney can do a wide range of things, including –
- Evaluating the claim to determine what damages you can recover
- Investigate the incident or mishap and gather evidence from various sources
- File the insurance claims and handle the paperwork
- Negotiate with the other party and insurance companies, as required
- Talk to witnesses and get statements
- Contact expert witnesses and professionals like accident reconstruction specialists
- File a lawsuit when the insurance offer isn’t enough or the claim is denied
It takes significant work and a clear strategy to recover compensation, and having an injury lawyer will get rid of the guesswork.
Affording an attorney isn’t impossible
If you are in a financial mess because of the accident and are now worried about whether you can afford an attorney, you should know about the contingency arrangement. When a family lawyer helps someone with their divorce, they know there is no big financial gain for the client. However, in personal injury cases, the client recovers a settlement when the case is handled right, and therefore, the lawyer will not ask for a standard hourly rate. Your attorney gets a fixed percentage of your payout, which is the contingency fee. Even if you don’t have immediate money, meet an attorney, and they should be able to help.
It can take time to settle your injury claim, but a reliable lawyer will ensure you understand all the details and take appropriate steps to protect your rights. Get an attorney before you lose the time to collect evidence and other details.
