Iowa follows a fault-based system for auto accidents. If you were hurt in a car crash in the state, you have reasons to look for legal advice. When the other driver acted negligently and caused the mishap, they are accountable for your losses. Experts from RSH Legal – Iowa Personal Injury Lawyers can guide you on the best ways to recover a settlement. We have enlisted a few pointers below that are worth remembering.
The deadline for car accident lawsuits
There is a two-year deadline that you must adhere to for car accident cases in Iowa. The time cap is set by the statute of limitations, which is only applicable for civil lawsuits and not insurance claims. You will typically need to file an insurance claim with the at-fault driver before you take legal action in court. If you want to sue for the vehicle or property damage, you have to do so within five years.
Comparative Negligence in Iowa
Iowa has the modified comparative negligence rule. If you are liable for the mishap, you can only seek financial compensation from the other party when your fault percentage doesn’t exceed 50%. Also, the fault aspect will determine the final award you get. For example, if you are 10% liable for an accident and receive $50,000 in a settlement, the eventual compensation would be $45,000.
A lawyer can do much more
An injury lawyer is not there just to handle the paperwork of your claim. They are responsible for a bunch of tasks, including –
- Investigating the accident to find relevant details
- Determining liability and fault
- Negotiating things with the insurance company
- Contacting experts and professionals to bolster your claim
- Filing a lawsuit in court
Avoid the common mistakes
You need to avoid a few mistakes when handling car accident claims. First and foremost, don’t post anything on social media. Keep things between you and your lawyer, and even if you are partly liable for the situation, do not admit fault. Regarding the insurance company, it is best to let your attorney do the talking. They can spot insurance tactics and work on the strategy accordingly. You must cooperate with the police after the accident but don’t say anything that can go against your case.
There is no one way of dealing with an accident claim. Let your attorney determine the ideal legal way to recover the best settlement for your damages.