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Negligence Law in Iowa (Part B)

Determining Fault After an Accident in Des Moines

When pursuing damages after a car accident in Des Moines, it may be left to a court to determine which party caused the accident. This is necessary when an Iowa personal injury claim cannot be settled between your Des Moines accident lawyer and the responsible party alone.

To prove negligence, a Des Moines accident lawyer will have to show that:

• at the time of the accident, the defendant owed you a legal duty of care under the circumstances;
• the defendant failed to fulfill that legal duty;
• the defendant's failure to fulfill their duty resulted in your damages; and
• there is a specific dollar value on the damages that you incurred as a result of the defendant's failure.

Once fault has been determined after an accident in Des Moines, and it has been shown that you were less than 51% responsible, you may be awarded compensation. Damages that you may claim after an accident in Des Moines include your medical expenses, any pain that you have suffered and any wages that you may have lost.

How a Des Moines Accident Lawyer Can Help

When you file a claim after an accident in Des Moines, an insurance adjuster will be sent to investigate your insurance claim. It is the job of the adjuster to determine the value of the damages you suffered in the accident. Often, an adjuster will underestimate the value of your claim, or may deny your claim altogether.

In such cases, a Des Moines accident lawyer can negotiate with your insurer in the effort to secure damages in your Iowa personal injury claim. If these negotiations fail, then you may choose to pursue damages in a formal court of law.

In an insurance claims lawsuit, a Des Moines accident lawyer can:

• investigate your case to determine negligence, as well as determine the value of your damages;
• advise you on the legal basis for recovering money from the responsible party; and
• highlight evidence that demonstrates your lesser degree of fault.

Contacting a Des Moines Accident Lawyer

Iowa negligence law will have a direct impact on your Iowa personal injury claim. The Des Moines accident lawyer team at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies. That's why we provide this complimentary book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation - 888-792-3595.

To learn more about Iowa work injuries including the "7 Mistakes To Avoid If You Are Hurt At Work" order your copy of our FREE Book entitled "Iowa Workers' Compensation- An Insider's Guide to Work Injuries".  Why offer a Free Book?  Since 1997, as a workers' compensation attorney I have represented hundreds of Iowans hurt at work from Des Moines, Newton, Pella, Grinnell, Iowa City, Cedar Rapids, Knoxville, Oskaloosa, Ottumwa and from throughout the state of Iowa.  I have seen too many clients make mistakes before they had the "right" information resulting in them losing thousands of dollars. Finally, you can learn about work injuries in the comfort of your own home with no risk or obligation.  However, quantities are limited so to learn how to avoid costly mistakes and your rights click on the work injury book image on this webpage, go to http://www.IowaWorkInjury.com or Call Now (800)-707-2552, ext. 811 (24 Hour Recorded Message).