Marengo Personal Injury Attorneys

Sudden accidents and injuries can drastically alter lives. In such trying periods, personal injury lawyers are indispensable. They specialize in representing those harmed by negligence, helping them secure proper compensation. This article highlights the vital role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

Understanding the Degree of Accident Fault in Personal Injury Claims

The degree of accident fault in a personal injury claim refers to the percentage of responsibility attributed to each party involved in the accident. This percentage plays a crucial role in determining the compensation that can be recovered for any losses or damages resulting from the incident. In Iowa, negligence laws are governed by a modified comparative fault standard, which significantly impacts the outcome of personal injury claims.

How is Degree of Accident Fault Impacted by Negligence Laws?

Negligence laws vary by state, and in Iowa, the modified comparative fault standard is applied. 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. 

If the injured party is found to be partially at fault, two potential outcomes arise:
1. Preventing Recovery of Damages: If the injured party's degree of fault is more than half (51 percent or higher), they are prevented from recovering any damages.
2. Reducing Damages: If the degree of fault is 50 percent or less, the injured party can still recover damages, but the amount will be reduced by their percentage of fault.

Given these implications, it is crucial for the injured party to seek legal counsel to help establish the majority of the fault with the other party. An Iowa attorney can assist in proving the other party's liability and pursuing fair compensation.

Types of Evidence to Reduce Degree of Accident Fault

Proving the other party's responsibility is key to reducing one's degree of fault in a personal injury claim. Various types of evidence can support this:

- Accident Reports: Official documentation of the incident.
- Photographs: Images of the accident scene.
- Eyewitness Statements: Testimonies from individuals who witnessed the accident.
- Police Observations: Notes and conclusions from responding officers.

Common Defenses Drivers Use in Bicycle Accident Claims

Bicycle accidents often result in severe injuries, and drivers involved in such accidents may use several defenses to refute liability:

1. Helmet Use: Claiming the cyclist's injuries were partly their own fault for not wearing a helmet.
2. Traffic Rules: Arguing the cyclist was not obeying traffic rules, such as speeding or riding against traffic.
3. Distraction: Suggesting the cyclist was distracted, e.g., using headphones or a phone.
4. Lack of Visibility: Asserting the cyclist was not visible, especially if they lacked lights or wore dark clothing at night.

Victims should enlist a skilled accident attorney to counter these defenses and build a strong case for compensation.

Common Tactics and Defenses Insurance Adjusters Use in Personal Injury Cases

Insurance adjusters employ various tactics to deny, discredit, or delay personal injury claims:

1. Accessing Medical Records: Adjusters may seek permission to access your entire medical history, not just records related to the accident, to find reasons to minimize your claim.
2. Offering Low Settlements: They might offer a quick, low-ball settlement in hopes that the victim will accept it out of desperation.
3. Surveillance: Adjusters may place claimants under surveillance to catch them performing daily tasks, potentially undermining their injury claims.
4. Discouraging Legal Counsel: Adjusters might dissuade claimants from hiring a lawyer, knowing that an attorney would challenge these tactics.

Ways to Protect Yourself

Understanding your rights and educating yourself on the claims process can help protect against these tactics. Here are steps to safeguard your claim:

- Evaluate Your Insurance Policy: If your claim is denied or you receive misleading information, review your original policy agreement.
- Limit Medical Record Access: Only provide medical documents pertinent to the accident.
- Be Aware of Surveillance: Assume you may be observed and follow your doctor's advice.
- Avoid Quick Settlements: Do not accept low offers without consulting a lawyer.

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.