Car accident in Des Moines: Detailed overview of laws & other aspects
The aftermath of a car crash in Des Moines can be devastating. If you are injured, you should waste no time and seek prompt medical care. Call 911 from the scene and inform the local law enforcement. Do not leave the spot and cooperate with the investigating officer. If the other driver was drunk, driving recklessly, or was negligent in any manner, you have the right to demand compensation, according to the fault-based system in Iowa. Of course, the process is anything but straightforward, and at a time when you must take time to recover, you cannot expect to manage everything alone. Look for a personal injury lawyer near me at the earliest. For your help, here is an overview of Iowa laws and other relevant aspects.
Comparative negligence in Iowa
It often happens that more than one party is liable for a car accident. In such situations, determining who gets to sue the other can be confusing. That’s where the “modified comparative negligence” rule comes in. Take an example – You were on your phone while driving, and a drunk driver crashed into your car. Here, both parties are to blame for the situation. However, an investigation reveals that your fault share is 30%, while the other party is 70% at fault. According to Iowa laws, you still have the right to sue the other party and hold them accountable. If your fault share is higher than theirs, you don’t get to take legal action.
The modified comparative negligence rule also impacts your final payout. For the above example, if you recover $60,000 as your compensation, you will only recover $42,000. The $18,000 you lost is because of your fault.
The statute of limitations in Iowa
Iowa, like other states, has a statute of limitations, which sets the time cap for filing a personal injury lawsuit, which also extends to car accident lawsuits. If you want to file a lawsuit, make sure you do that within the 2-year time frame, counting from the day of the accident. The same deadline applies to wrongful death claims following auto accidents, but the count starts from the date of the person’s death. If you want to sue for property damage, the time cap is five years.
Having an attorney is a must
While there is no legal obligation to hire a personal injury lawyer for your claim, you should consider that a priority. In most situations, the at-fault party is unlikely to accept fault, and as the claimant, you are required to furnish evidence. A car accident attorney can do the following for your case –
- Evaluate your claim and check the damages that you can recover
- Set a dollar value for your case
- Investigate the case in depth to find fault and collect evidence from different sources
- Handle the insurance claims process and paperwork
- Negotiate with the claims adjuster for your compensation
- If the compensation isn’t enough, they will file a lawsuit in court
Many victims assume they cannot afford an attorney because of the immediate financial crisis after a car crash. Fortunately, most law firms in Des Moines will work on contingency. The arrangement doesn’t require clients to pay an hourly rate or any retainer charges. Instead, if a lawyer recovers money for a client, they get a fixed share. The contingency fee depends on numerous variables, including the extent of work involved.
Final word
Don’t wait for weeks to act after an accident in Des Moines. Finding evidence and other details would be challenging, and you may end up with a lower settlement. Contact an injury lawyer immediately and meet them to discuss your legal options.
