Leveling the Field between Injured Iowans and Insurance Companies.

We expose one of the many lawsuit myths and misconceptions here in Iowa.

In almost every car accident or other personal injury claim we handle, our clients are confused as to why they are not allowed to sue the insurance company of the negligent person. That's right, if you are injured, even if it is through no fault of your own, you do not get to sue the negligent parties' insurance company, but instead have to sue the person individually. However, don't worry because the insurance company will provide a defense for the defendant and pay for the damages up to the available insurance policy limits. In our estimation, in more than 99.5% of jury trials the defendant either has insurance coverage or is self-insured because they are a large corporation with plenty of money in the bank. Why is the law like this? Well, our courts have ruled that it could create an unfair prejudice against the defendant if the jury knew that they had insurance. However, we can tell you that after speaking with hundreds of jurors after trials, not telling them there is insurance creates an unfair bias against the injured person because often jurors tell us well, we did not want them to take the defendant's home or car, etc. First of all, a person in Iowa can have a $100,000,000 home and no one can take it, except the bank if they did not make there payment or the IRS if they did not pay their taxes. There is a similar exemption for cars, a rifle, a shotgun, etc.

We hope you learned something and enjoyed this new feature to our newsletter. We want to hear from you. If you have suggestions about future topics or questions you have always wanted to ask an attorney about lawsuits then go to www.SuggestTopic.com and tell us more.


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