Accidents happen all the time in Iowa, and a significant number of such incidents are reported from Des Moines. Nothing compares to the pain and suffering of an accident that happened due to someone’s fault, and state laws allow you to hold the negligent driver responsible for their action. As a victim, you have to get help from a legal expert, someone who specializes in personal injury laws in Iowa and practices in Des Moines. In this quick guide, we will walk you through the state laws in Iowa, along with a few tips on how to handle your claim.
Time limit for car accident lawsuits
Iowa has a statute of limitations like other states for car accident injury lawsuits. If you want to sue the other party in court, you should file a case within two years of the mishap. When you wish to claim damages for vehicle or property damage, the time cap is five years. A thing to note here – If you want to file a claim with the at-fault party’s insurance company or your carrier, the deadline is not applicable. For insurance claims, it is pertinent to be on point about the process, which means you have to inform the carrier immediately.
A case of multiple at-fault parties
Car accidents often involve more than one at-fault driver. For instance, you could be driving over the speed limit, but the other party was drunk and rammed into your vehicle. The share of the fault will vary for each, and that determines who gets compensated for their injuries and losses. Iowa follows the modified comparative fault rule, and if you are more than 50% at fault, you cannot ask for compensation. If you are at a lesser fault than the other party, you can still take action, but your financial “award” will be reduced according to your blame percentage. In the example we discussed, let’s assume you are 30% at fault and recover $60,000 for your case. However, your financial share would be lower by $18,000.
Take steps to protect your claim
Firstly, seek prompt medical care. If you wait for more than 72 hours, you may have a hard time proving that you were injured in the car crash. For severe injuries, call 911 right away from the scene. Report the accident to the local law enforcement and wait at the scene. Don’t start a fight, even when you know the other person is responsible for the situation. It is also imperative to meet a personal injury lawyer who handles auto accident claims. The insurance company will fight the claim, and the other party will try to protect their interests. You don’t want to be in a situation where you are forced to accept a low amount.
Meeting an accident lawyer in Des Moines
Most law firms in Des Moines don’t charge a fee for reviewing car accident cases, and you have to use the free consultation option to understand your claim better. Lawyers also work on contingency, which means their fee is due only when you recover money. If an attorney takes your case, they will take every possible step to maximize the final compensation. When you step in to meet a lawyer, share all relevant details and evidence you may have. Ensuring your lawyer knows the entire picture is critical because that helps them determine the right strategy. They will also share the dos and don’ts you need to follow for the given situation.
With a capable accident lawyer in Des Moines, you don’t have to face the insurance company alone and can avoid common mistakes that can hurt your case.