Des Moines Personal Injury Attorneys

If you have been injured in an accident in Des Moines or anywhere in Iowa, the decisions you make in the days and weeks after that accident can significantly affect how much compensation you ultimately receive. Understanding how fault is determined, whether you have to accept an insurance company's offer, and how a qualified personal injury attorney can strengthen your case are all critical pieces of information every injured Iowan deserves to have.

Pedestrian Accidents and Fault: What Happens If You Were Not Taking Safety Precautions?

Many people assume that if they were struck by a car as a pedestrian, the driver is automatically entirely at fault. The reality under Iowa law is more nuanced. In a pedestrian-car accident, both parties can be assigned a certain degree of fault. Attorneys, insurance companies, and courts look at all the facts surrounding the accident and determine fault based on the full picture of what happened.

According to the National Highway Transportation Administration National Center for Statistics and Analysis, 68 percent of pedestrian accidents occur at night. Walking at night without taking proper safety precautions, such as wearing reflective or light-colored clothing or carrying a light, can be construed as negligence on the pedestrian's part. That does not mean an injured pedestrian is without options, but it does mean that fault becomes a more complex and contested question.

Careless Pedestrian Behavior That Can Affect Fault

In these cases, pedestrians can be found to hold some degree of accident injury liability if they failed to use a crosswalk, crossed a street on a ""don't walk"" signal, walked or ran in front of traffic, did not take nighttime safety precautions such as wearing reflective clothing, or failed to obey other applicable traffic rules. When any of these factors are present, the insurance company will almost certainly attempt to use them to reduce or eliminate your compensation.

Iowa's Comparative Negligence Rule

Iowa follows what is known as the comparative negligence rule. Under this standard, even if a person was partly to blame for an accident, he or she can still seek compensation for injuries, as long as the person's fault does not exceed 50 percent. However, the settlement amount will be reduced by the individual's degree of fault.

For example, suppose a pedestrian was walking down a dark street at night wearing dark clothing and was struck by a car while crossing in the middle of the street rather than at a lit crosswalk. If the court determines the pedestrian was 40 percent liable for the accident, a $100,000 settlement award would be reduced by 40 percent, leaving the pedestrian with $60,000 instead of the full amount. This is why proving liability in a pedestrian accident claim is so critically important. Compensation is directly tied to how fault is assigned, and when fault is contested, having an experienced attorney working to protect your interests can make an enormous financial difference.

An attorney in a pedestrian accident case can uncover facts regarding how the accident occurred, protect the client's rights throughout the claims process, work to lessen the client's assigned degree of fault, account for and calculate all damages, and push for the highest and fairest settlement possible.

Do You Have to Accept the Insurance Company's Settlement Offer?

This is one of the most important questions injured Iowans ask, and the answer is straightforward: no, you do not have to accept an insurance company's settlement offer. In Iowa, you have the right to negotiate, reject an offer, or pursue further legal action. However, there are several important factors to consider before deciding how to proceed.

First, if your injuries are relatively minor, you may conclude that settling on your own is a reasonable path to avoid paying an attorney a percentage of your settlement. Second, if your medical bills have been paid by your health insurance or another insurance company, you need to understand who is entitled to reimbursement. This is called subrogation, and failing to account for it properly can cost you your entire settlement. Third, you need to be aware of how much time you have before the statute of limitations expires, because missing that deadline means you will likely receive nothing regardless of how strong your case is.

If you do not know the answers to any of these questions, speaking with a qualified Iowa injury attorney is strongly recommended. Failing to do so could cost you thousands of dollars or, in some situations, your entire case.

Understanding Settlement Negotiations

It is very rare that an insurance company's first offer is their best offer. If you are attempting to represent yourself, you should negotiate with the insurance adjuster. But there are important rules to follow during that process.

Anything you tell the insurance adjuster can and will be used against you in your claim, so choose your words carefully while remaining truthful. Do not threaten the adjuster; being respectful and composed will always get you further than being combative. You should also know your facts thoroughly, including how your injuries occurred, which medical providers you treated with, and the specific conditions you have been diagnosed with.

Before agreeing to any settlement that involves injuries, speaking with a qualified Iowa injury attorney is always a good idea. You want to know whether the offer on the table fairly accounts for everything you have suffered, or whether the insurance company is taking advantage of your unfamiliarity with how these cases work. Insurance adjusters handle claims every day. Most injured people go through this process once in a lifetime, which is a significant disadvantage when negotiating without representation.

How to Evaluate the Value of Your Claim

Experienced Des Moines personal injury attorneys use several key factors when assessing the fair value of an injury claim. These include the severity and extent of the injuries, the nature of the injuries such as whether multiple body parts were affected, whether there are objective injuries like broken bones, whether the injured person was hospitalized, whether surgery was required, how much time the person missed from work, where the person was working at the time of injury, how much insurance coverage is available, and whether there is a claim to be brought for underinsured motorist coverage.

No two cases are identical, but all share these common elements. Understanding them gives you a much clearer picture of what your case may truly be worth compared to what the insurance company is offering.

How a Des Moines Personal Injury Attorney Strengthens Your Case Value

Most accident victims do not realize their case may be worth significantly more than what insurance adjusters initially propose. Insurance adjusters know the law, understand the tricks of their trade, and have been trained to pay you as little as possible for your injuries. A qualified Iowa personal injury attorney levels the playing field by uncovering the full value of your claim that insurance companies are motivated to minimize or ignore entirely.

Obtaining Medical Evidence and Expert Opinions

A personal injury attorney increases case value through several strategic actions. One of the most important is obtaining doctors' reports and medical opinions when necessary to prove causation, meaning the direct link between your injuries and the accident. This documentation establishes a clear, documented connection that strengthens your claim and justifies the compensation you are seeking.

Beyond current medical records, your attorney will also secure expert opinions on the cost of future medical care. Insurance adjusters routinely focus only on current medical bills while ignoring the long-term financial impact of an injury. An attorney ensures that your future medical needs are documented and included in the valuation of your case, so you receive payment for your full recovery rather than just your immediate expenses.

Accurate Valuation Built From Experience

An attorney who has handled many injury cases will be able to provide you with a realistic range of your case's worth after all the facts and medical opinions have been gathered. This valuation comes from years of experience with similar Iowa injury cases and an understanding of how juries and insurance companies assess damages. This expertise empowers you to reject a lowball settlement that fails to account for all your losses, including the severity of your injuries, the impact on your quality of life, lost wages, and long-term disability considerations.

Managing Subrogation Claims

As mentioned earlier, subrogation can be a financial minefield for injury victims who go it alone. An attorney can add significant value by managing subrogation claims made by your health insurance or motor vehicle insurance company seeking reimbursement from your settlement. An Iowa personal injury attorney who knows the law can negotiate these liens and reduce what you owe, putting more money in your pocket from the same settlement amount. Without legal representation, injured people often pay back more to insurance companies than is legally required.

Thorough Investigation and Evidence Gathering

To maximize case value, Iowa personal injury attorneys conduct comprehensive investigations that put their clients in the strongest possible position. This includes gathering documentary evidence such as police accident reports, medical records, and bills. When necessary, attorneys hire investigators to interview witnesses, locate additional witnesses, and collect other evidence such as photographs of vehicles and accident scenes.

Attorneys also review and analyze legal issues that could affect your compensation, including comparative fault and assumption of risk. Understanding these legal concepts allows your attorney to counter insurance company arguments that attempt to reduce your settlement, which is especially important in cases like pedestrian accidents where fault may be disputed.

Identifying Hidden Insurance Coverage

An experienced personal injury attorney will analyze your insurance policy to identify coverages you may not even know you have, coverage that could pay all or part of your medical bills while the claim is still pending. Many accident victims are unaware of coverage options within their own policies that can provide immediate financial relief and increase overall recovery. A thorough policy review ensures that no potential source of compensation is overlooked.

Reviewing and Challenging Liens

Doctors, insurance companies, welfare benefit plans, and employers may all assert liens claiming they are entitled to all or part of your recovery. Your attorney reviews and analyzes the validity of any liens on your case, challenging incorrect or excessive claims that would otherwise reduce the money you receive. This lien negotiation and reduction often results in substantially more money in your pocket from the very same settlement amount.

Protecting You From Costly Mistakes

Perhaps the most important role a Des Moines personal injury attorney plays is helping you avoid the common mistakes that cost injured people thousands of dollars. These mistakes include giving recorded statements to insurance adjusters without legal guidance, accepting quick settlement offers before understanding the full extent of your injuries, missing important filing deadlines, and failing to properly document your damages. The experience and knowledge of your attorney guides you through an injury claims process that you have likely never navigated before, preventing errors that could reduce your settlement or destroy your case entirely.

Iowa personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if your case is successful. All of the work performed to maximize your case value, from the initial investigation through trial preparation if needed, is done at no upfront risk to you. You can also read more about insurance adjuster tactics and why the insurance company is not always on your side to better understand what you may be up against.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.

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