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Accidents and injuries can quickly change lives. In these difficult moments, personal injury lawyers are crucial. They advocate for those harmed by negligence, ensuring they receive proper compensation. This article delves into the important role personal injury lawyers fulfill in navigating claims and helping people reclaim their lives.

What is the Degree of Accident Fault?

The degree of accident fault in a personal injury claim refers to an individual's percentage of responsibility for an accident and the resulting losses or damages. If the injured person is partially at fault, their degree of fault will reduce the amount of compensation they can recover. Iowa lawyers can assist accident victims in proving the other party’s liability to pursue fair compensation.

Impact of Negligence Laws on Degree of Accident Fault

Negligence laws vary by state. In Iowa, they are based on modified comparative fault. Under this standard, a jury or judge assigns a percentage of fault to each party involved in the accident, ranging from no fault to 100 percent at fault.

# Outcomes Based on Degree of Fault

1. Prevention from Recovering Damages: If the injured party’s degree of fault is more than half (51 percent or higher), they cannot recover any damages.
2. Reduction in Damages: If the degree of fault is 50 percent or less, damages can still be recovered, but they will be reduced by the percentage of fault assigned.

Since a higher degree of fault can significantly lower or eliminate compensation, seeking legal counsel with Iowa lawyers is often beneficial. An attorney may help establish most or all fault with the other party.

Evidence to Reduce Degree of Accident Fault

Proving the other party’s responsibility for a crash is crucial. Helpful evidence includes:
- The accident report
- Photographs of the accident scene
- Eyewitness statements
- Observations from a responding police officer

At Walker, Billingsley & Bair in Iowa, lawyers can assist clients in collecting evidence to prove accident fault in personal injury claims.

Do You Have to Accept the Insurance Company’s Settlement?

In Iowa, you do not have to accept an insurance company’s settlement offer. Consider the following points:

1. Minor Injuries: If your injuries are minor, settling the case on your own may avoid attorney fees.
2. Subrogation: If your medical bills have been paid by your health insurance or another insurance company, subrogation may require reimbursement, affecting your settlement.
3. Statute of Limitations: Be aware of how much time you have until the statute of limitations expires, as failing to act in time may result in receiving nothing.

If unsure about any of the above, consult with a qualified Iowa injury attorney to avoid costly mistakes.

Settlement Negotiations

When negotiating with the insurance adjuster:
- Tell the Truth: Anything you say can be used against you, so be truthful. Insurance companies share information, so they will discover any prior injuries or accidents.
- Be Polite: Being nice will get you further than being upset or angry.
- Know Your Facts: Be familiar with how the injuries happened, who treated you, and the conditions diagnosed.

Before agreeing to any settlement offer, it is advisable to speak with a qualified Iowa injury attorney to ensure fair treatment.

Evaluating the Value of a Claim

Factors to consider when evaluating a claim’s value include:
- Severity and extent of injuries
- Nature of injuries (e.g., multiple body parts injured)
- Objective injuries like broken bones
- Hospitalization
- Required surgery
- Time missed from work
- Employment status at the time of injury
- Available insurance coverage
- Potential for underinsured motorist coverage claims

Tips in Dealing with Insurance Adjusters

Dealing with insurance adjusters requires caution and strategy:
- Always be truthful.
- Document all damages and conversations.
- Regularly visit your doctors and report all ongoing issues.
- Consider professional legal representation for personal injury claims.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

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.