To claim compensation after a car accident in Iowa, you will need to prove that your personal injuries were the result of someone else's negligence.
According to Iowa negligence laws, to prove negligence you will have to show:
- that the person who caused the accident owed you a duty of care;
- that the person who caused the accident breached that duty;
- that there was a connection between the person's conduct and the harm you suffered;
- that the harm was foreseeable; and
- that you suffered as a result of the negligent act.
If you are able to prove these things, you may be able to recover for your injuries. To claim compensation, you can get the help of an experienced Des Moines car accident lawyer who can navigate the nuances of Iowa negligence laws.
Comparative Negligence in Iowa
When you file a personal injury claim, your compensation may be limited by Iowa negligence laws. This is because Iowa is a comparative negligence state. This means that if you were partially responsible for your car accident in Des Moines, you may be held responsible for your own percentage of negligence. In other words, when you file an Iowa personal injury lawsuit, a judge or jury will determine exactly who was at fault.
For example, they may determine that while the other party was at fault for making an illegal left turn, you were also at fault for pulling too far into the intersection. In this case, you may be found 25% negligent and the other driver 75% negligent for the car accident in Des Moines. This means your compensation will be reduced by your own percentage of negligence (25%). So if you are awarded $4,000 in an Iowa personal injury claim, your total compensation will be reduced to $3,000 ($4,000 - 25% = $3,000). According to Iowa negligence laws, you will be denied compensation if your percentage of negligence was more than 50%. This is known as the 51% rule. As long as your percentage of negligence does not reach 51%, you may be entitled to compensation in an Iowa personal injury claim.
The knowledge of a Des Moines car accident lawyer is crucial at this point in your Iowa personal injury claim. Your lawyer can collect evidence to prove the other driver's negligence in the car accident in Des Moines, so that you may still qualify to receive compensation. To learn more including 6 Things to Know Before Talking to the Insurance Adjustor, 5 Things to Know Before Signing Forms or Hiring an Attorney and 10 Myths about Car Accidents, request our Iowa car accident book which we offer at no cost by going to www.IowaCarAccidentBook.com or Call Now 1-800-707-2552, ext. 710 (24 Hour Message). We offer our Iowa car accident book because Iowa Personal Injury Attorneys Corey Walker and Erik Bair have represented hundreds of Iowans injured in car accidents for more than 20 years and they have seen too many clients make costly mistakes resulting in them losing thousands of dollars. Iowans from Des Moines, Ames, Newton, Pella and from throughout Iowa beginning to realize that the insurance company for the other driver is not required to tell them the law or help them with their case so it is important to learn about Iowa's car accident laws. Finally, you can learn about car accidents in the comfort of your own home with no cost, risk or obligation so to learn how to avoid costly mistakes request your copy of our Iowa car accident book now. For immediate assistance or to schedule your NO COST car accident case evaluation, CALL 515-440-2852 and ask for one our injury attorneys.