If you have been injured in an accident in Iowa and are planning to file a personal injury claim, then you must learn about the state’s comparative fault law. Filing a personal injury claim in Iowa can be challenging because of its comparative negligence laws.
According to this law, if you are found partially responsible for the accident, then you might not receive full compensation or, in some cases, no compensation.
RSH Legal provides a clear understanding of how these laws work and how they can be applied to your cases, thus making sure that you are informed and prepared for the situation.
Understanding the law
In Iowa, there is a modified comparative fault system. This means that the fault is divided equally between both the parties involved, and compensation for the victim can be reduced based on the percentage of fault in the accident.
If you are found to be under 50% fault, then you can get some compensation with a deduction to your fault percentage. In case of more than 50% fault, then you will not receive any form of compensation.
So, it is very important to provide evidence that can minimize your degree of fault. Each piece of evidence matters in front of the jury.
The Impact of law on personal injury claims
The result of your personal injury claim is hugely affected by comparative fault. Insurance companies try their best to blame the injured party so that they either have to pay less or not at all. Due to this, it is suggested that you work with a lawyer who can help collect evidence, build a strong case for you, and help you get your deserved compensation.
If the injured party is found 20% guilty, then they will receive 20% less compensation due to this law.
Proving Negligence and Challenges faced
Proving negligence is important for your personal injury claim in Iowa. This has 4 elements:
Duty of Care, Breach of duty, Causation, and Damages, but in comparative fault, it is not enough that you prove the negligence of the other party. You also need to defend that you did not contribute to the accident. All of this can be challenging for you
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Gathering Evidence
It is important to get all the evidence in your favor to make your case and claim strong. This can include photographs, videos, medical records, or eyewitness statements. Gathering all of this is not an easy task. Getting professional help can ease this process.
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Negotiating with the insurance company
Insurance companies work in their interest and try their best to pay less. They can take advantage of a comparative fault system to cover as low as possible. Negotiating with them with proper evidence is an important task that many people fail to do, which leads to them getting paid low.
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Going To Trial
Before going to trial, both parties try to resolve the issue out of court. If a fair settlement is not reached, going to trial is the only option left. A jury will then listen to both sides and decide the percentage of fault and the amount of compensation that will be given to the victim.
Why it is important to get legal representation
An Attorney who is experienced in personal injury cases can help you understand all the complications of Iowa’s comparative law and how it can apply to your case. Communicating with him effectively can help protect your rights and make sure that you are not unfairly blamed for the accident. Also, an attorney will help in maximizing the compensation you may receive.
Don’t Let Comparative Fault Derail Your Claim!
If you have been injured in an accident in Iowa, then contact an experienced attorney today to get help in dealing with the complex nature of Iowa’s comparative fault and get the compensation you deserve.
