Did you suffer a dog bite because the neighbor’s canine was not on the leash? Or did a loved one endure nursing home abuse? Were you hurt in a car accident in Cedar Rapids that wasn’t your fault? These are circumstances, when you may have a personal injury claim. Iowa is a fault state. The party responsible for your injuries must pay compensation for your damages. To win a claim, or a probable lawsuit, you may want to hire a Cedar Rapids injury lawyer. Before you file an injury lawsuit, here are some basic things to know.
- Do you have a claim?
Just because you were injured doesn’t mean you have an injury claim against the other party. To win a personal injury lawsuit, you have to prove two things. First, the other party was negligent, which caused the accident leading to your injuries. Second, the other party owed you a duty of care.
- Worth of your claim
If you have a valid claim, what can you expect in a settlement? Establishing fault and liability in an injury case or accident is often the hardest task, and that’s precisely why you need an attorney. They can realistically estimate your damages and will investigate the matter to find liability. Your attorney can ensure that you don’t settle for less.
- The Statute of Limitations
Iowa’s Statute of Limitations allows two years to file a personal injury lawsuit after an accident. If you don’t take legal action immediately, relevant evidence can disappear, and if you don’t file the lawsuit within two years, the court will reject the case. The Statute of Limitations also applies to car accidents.
- Modified comparative fault rule
In case of a car accident, if you had a part share in fault, your eventual settlement will be reduced by your fault in percentage. If your share of fault is more than 50%, you cannot recover anything, as Iowa follows the modified comparative fault rule.
- Hiring a personal injury lawyer
Although not necessary, hiring an injury lawyer is always a wise decision. Dealing with the other party and their insurer may not be easy. Insurance companies, in particular, often adhere to ways to pay less for settlements. Your attorney can negotiate better. Also, most personal injury lawyers in Iowa work on a contingency fee, and you don’t have to pay them right away.
Hire a personal injury lawyer in Iowa soon after your accident.
