Personal Injury Law in Iowa

Were you hurt due to another’s negligence in Iowa? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Iowa can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Iowa relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Iowa

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Iowa 

Due to the fact that there are lots of rural towns and counties in Iowa, the state has seen lots of problems with EMS and ER response times, staffing, and care. According to Iowa’s Safety Research Plan Iowa’s medicare reimbursements were 29.8% or $1,996 lower than the national average of $8,682. This means that ER visits in Iowa cost more, despite injuries caused by accidents being less common than in other U.S. states.

Steps in a Personal Injury Lawsuit in Iowa

Once you determine that you wish to proceed forward with a personal injury action in Iowa

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

First, you must prove negligence and have a solid factual basis for your personal injury claim. Then after consulting with your attorney you can file a complaint to the court, and deliver the petition to the party at fault. This begins the process that leads to trial.

Iowa Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

There really is no way to gauge what the average personal injury settlement could be. This is due to the many variables that affect claims in Iowa; the severity of the injury, hospital fees, recovery time, and work loss, to name a few. This means that Iowa is no exception to varying settlement amounts. According to Drake Law, personal injury settlements in Iowa can collect anywhere from $3,000 to $75,000 on average.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in , that means you risk not receiving any compensation at all.

Damage Awards in Iowa

If your Iowa personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

Currently, Iowa does not cap either economic or non-economic damages in any type of injury case. Juries in Iowa cases decide on the final settlement amount which can oftentimes help the victim over the party at fault.

Statute of Limitations in Iowa Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In Iowa, the statute of limitations for personal injury cases is two years. This means that you have two years from the date of your accident to file a claim with the Iowa Civil Court.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Iowa Lawyer

Pursue a personal injury claim in Iowa against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Iowa state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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