Personal Injury in Iowa

Filing any sort of claim in a court is a difficult decision.  Not everyone wants to go through a legal proceeding that can be time consuming and very public.  However, before you dismiss the idea of filing a claim for personal injury in Iowa take every available factor under consideration.

 

 

Iowa Personal Injury Law at a Glance

 

Iowa Personal Injury Laws

Statute of Limitations

2 Years
Damages Recoverable Lost wages, pain and suffering, future earning ability, cost of household help, medical expenses, property damage
Strict Liability Product manufacturer may be liable for injuries caused by a consumer product
Joint Liability Each defendant liable for percent of damages as determined by court
Contributory Negligence No damages may be awarded if the court finds that the plaintiff is more than 51% at fault for the injury.

What you Can Recover?

The laws in Iowa are very kind when it comes to recovering damage from the party who caused an injury.  If your personal injury has cost you to miss work then you can be compensated for lost time and wages.  In situations where your accident has caused you anxiety, depression, or other emotional distress you can also be given compensation for your mental suffering.

It is also possible to recover damages for future loss wages if your injury is debilitating or will become debilitating with time.  Keep all medical records and statements from physicians as evidence.  Also, keep all receipts related to medicines, gas needed to travel to doctor’s appointments, any other expense that can be related to your injury.

Who Will Have to Pay?

The person whose negligence caused the personal injury in Iowa is the one required to pay.  If you are someone who contributed to your own injury then expect for the amount of your reward to be modified.  Any percentage of the injury that you were found to cause will be deducted from the total judgment amount.  However, you have been found to be more than 51 per cent at fault then you will not be compensated for your injury.

When Multiple Parties are at Fault

There are many situations where more than one person’s negligence contributed to an injury.  In these situations Iowa has made it possible for an injured person to file claims against multiple defendants.  In these situations the court will determine the percentage of responsibility each party had in the injury.  If the total combine fault in the accident or injury is 49 per cent or less then each person is only responsible for a portion of the judgment.

When several individuals are found to be more than 50 per cent at fault then a different solution is found.  To punish a group for their joint negligence a harsher law has been established in Iowa.  The entire group will each be responsible for the total judgment amount.  They will not be able to split up the judgment and pay only the portion that they were individually responsible for.  This means that if a group is found to be 80 per cent responsible for an injury with one of the individuals only responsible for five per cent of the injury this one individual will still have to pay the entire judgment amount, not just their five per cent.

For more information about your specific case, contact an Iowa Personal Injury Lawyer.

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