Those who have experienced a personal injury in Iowa may be eligible for compensation by filing a personal injury claim. A personal injury claim can be filed when the injury has been caused by all types of accidents, including car accidents, slip and falls, motor cycle accidents, truck accidents and many more.
You need to be able to prove that the accident and your injury was not your fault so that you can file an Iowa personal injury compensation claim from the person or entity which was the cause of your accident.
How Do I File a Claim in Iowa?
Anyone who lives in the state of Iowa who has been injured in an accident that was not their fault is permitted to file a lawsuit against the at-fault party for any personal injury. In order to help ensure the claim is successful he or she needs to provide sufficient evidence that proves who caused the accident.
This may include eye witness’ reports, a report compiled by a police officer attending the accident, photos of the accident caught on security cameras, your physician’s medical report describing the nature of the injury and photos taken at the accident scene showing how the accident took place.
Once the evidence has been gathered an Iowa personal injury claim may be filed with the insurer of the person found to be at-fault for your injury.
Mediation between the plaintiff and the defendant is preferred as a way of reaching a settlement but if this is not possible the claim may be filed to be heard at court with the help of a Iowa personal injury lawyer.
What is the Statute of Limitations in Iowa?
In Iowa the time you have to file an Iowa personal injury claim depends on the person or entity that caused your accident and injury. These are described below:
- personal injury is usually 2 years;
- claims made against counties/cities/schools is typically 6 months;
- claims against the State of Iowa is 2 years.
How Do I Prove Negligence in Iowa?
To be sure you get the Iowa personal injury compensation you are entitled to you need to prove that the injuries you have suffered were caused by the negligence of another party. You will have to show the following:
- your injuries and any pain and suffering were caused by the person's negligent action;
- you were owed a duty of care by the person who was the cause of your accident;
- the person's actions and the injuries you received are linked directly;
- the person breached this duty of care;
- the harm suffered by you was foreseeable.
You may not be eligible to recover damages in Iowa if you were more than 50% responsible for your injuries. Iowa personal injury cases are considered under the state’s contributory negligence law. However, even if you are found to be partially at fault for your injuries you may still be able to recover damages.
For example if you were under the influence of drugs or alcohol and you slipped and fell on a hazard in a store that shouldn’t have been there the store owner may not be required to fully compensate you for your injuries.
However, if the store owner and you were both at fault for your accident and your percentage of the fault was less than 50% then you may be able to recover damages for your injuries. However, the amount of your compensation would be reduced by the percentage of your fault.
What Kind of Compensation Can I Receive in Iowa?
In Iowa a person who has been injured and is eligible for Iowa personal injury compensation may be entitled to claim the cost of the following in a personal injury claim:
- lawyer’s fees;
- damage to property;
- loss of wages until return to work is possible;
- medical treatment, including medications;
- out of pocket expenses like taxi rides for medical treatment;
- pain and suffering;
- physical therapy, if required;
- punitive damages.
How Do I Get Personal Injury Help in Iowa?
It is never easy to win a favorable settlement from the insurer of the person found to be at-fault for your injury so it is in your interest to get help from a personal injury lawyer. Most personal injury lawyers offer a free case evaluation when they will assess your chances of winning compensation for an accident that was not your fault.
