In 2021, more than 350 traffic fatalities were reported in Iowa, which is higher than the previous three years. The truth is people often get injured in on-road mishaps for no fault of theirs. If you were injured in Cedar Rapids in such an accident, you need to talk to an attorney and figure out whether you have a valid car accident claim. If you are wondering whether you would be causing financial damage to the at-fault party, just remember that settlements are usually paid by the respective insurance company. Typically, you would be dealing with a third-party insurance claim. Below are some basic facts about Iowa laws.
Adhering to the deadline
The statute of limitations is a law that defines or mentions the deadline for filing injury lawsuits. Every state has its own statute of limitations, and if a claimant misses that, they cannot take further legal action. In Iowa, you have two years to file a car accident injury lawsuit. If the accident involved the death of a loved one, you could pursue a wrongful death claim, for which the deadline is two years. Remember that the deadline starts from the date of the injury/death, and therefore, you have to start working on the case immediately. In the ideal situation, you can hope that the insurance company will pay a fair settlement, but when that’s not the case, you may have to file a civil lawsuit, for which the deadline is two years. If you want to sue the other party for vehicle or property damage vehicle or property damage, you have five years to file the case.
When there is a shared fault
Car accidents often involve parties with different degrees of fault. For instance, if a drunk driver rammed into your car, they are indeed at fault, but if you were also over the speed limit, you, too, share the blame to an extent. In such cases, Iowa follows the modified comparative fault rule, where you can only sue the other party if your share of the accident’s responsibility doesn’t exceed theirs.
Get a reliable injury attorney
Because the laws are complex and insurance companies do everything to deny claims, you should consider consulting a lawyer. Most injury lawyers don’t charge anything until you win, and you can expect them to negotiate and deal with things on your behalf. Get a lawyer soon after the accident.