Nothing in life is as worse as getting injured in a traffic accident where you are not at fault. Sadly, these accidents happen quite often in Cedar Rapids, and if you suffered losses in an on-road accident, you should consider talking to a lawyer. The laws are complex, and more often than not, people don’t file a claim because they don’t know what to do immediately after. Iowa is a fault state, and if the other party was negligent, your personal injury lawyer in Cedar Rapids could help you get compensation for the losses. Before you engage an attorney, here are some key things worth knowing about Iowa laws.
Deadline for car accident injury lawsuits
There is a law called the statute of limitations that sets the deadline for car accident injury lawsuits. This is not the same in every state, and in Iowa, you have two years to file a lawsuit. Following the accident, you won’t typically start with a civil lawsuit. The first step is to file a claim with the other party’s insurer, and in typical cases, you would expect the insurance company to pay a fair settlement. If your claim is denied or when you are not offered the right money for your injuries and subsequent losses, you can file a civil lawsuit. The deadline starts from the day you were injured, and it doesn’t matter whether you had to go through the insurance process. If you want to file a car accident lawsuit for property damage alone, you have five years.
A quick look at comparative fault
Car accidents are rarely black and white. At times, two people may share the blame for the same mishap, and in this case, the modified comparative fault rule is applicable in Iowa. You can sue the other party only when you are not at a higher fault. Also, you get your settlement based on your share of the blame. Let’s say you are 10% at fault and get $30,000 in a settlement; you will eventually earn $27,000 as the final settlement. You cannot claim anything if you are 51% at fault.
Get a lawyer
If you find the claims process too confusing, get an attorney for the job right away. Most injury lawyers don’t charge an upfront fee, and they will do their best to get your settlement, as their fee depends on that. You can expect the lawyer to help with other expenses until you get paid.