New Hampton Personal Injury Attorneys

Accidents and injuries can swiftly change lives. In such difficult periods, personal injury lawyers are crucial allies. They advocate for those harmed by negligence, ensuring they obtain the compensation they deserve. This article explores the vital role personal injury lawyers play in helping individuals navigate their claims and rebuild their lives.

What is a Degree of Accident Fault in a Personal Injury Claim?

The degree of accident fault in a personal injury claim is an individual’s percentage of responsibility for an accident and the losses or damages that occur as a result of the accident.

If the person who was injured is partially at fault, that degree of fault will reduce the amount of compensation that can be recovered. Iowa lawyers can help Iowa accident victims prove the other party’s liability to pursue fair compensation.

How is Degree of Accident Fault Impacted by Negligence Laws?

Negligence laws vary in each state. In Iowa, they are based on modified comparative fault. Under this standard, a jury or judge would assign a percentage of fault for each party that is in the accident from no fault to 100 percent at fault.

When an injured person is partially responsible for a crash, this can result in a couple of outcomes. One is that it prevents him/her from recovering any damages. The inability to be compensated applies to cases in which the injured party’s degree of fault is more than half (51 percent or higher).

The other outcome is that the amount of damages that are recovered could be reduced. If the degree of fault is 50 percent or less, damages can still be recovered. However, the damages will be reduced by the percentage of fault assigned.

Since a higher degree of fault puts an injured person at risk for receiving a significantly low amount or even nothing at all, it may be in his/her best interest to seek legal counsel with Iowa lawyers. An attorney may be able to help establish most or all fault with the other party.

What Types of Evidence Can Reduce Someone’s Degree of Accident Fault in a Personal Injury Claim?

Proof is key to establishing the other party’s responsibility for a crash. Some of the evidence that may help are:

- The accident report
- Photographs of the accident scene
- Eyewitness statements
- Observations from a responding police officer

Iowa’s Comparative Negligence Laws

One of the main reasons that you should hire an attorney after a bicycle accident is Iowa’s comparative negligence law. This law allows for your damages amount to be reduced by your proportion of fault. In other words, if you were 10 percent at fault for your bike accident, your compensation payout will be reduced by 10 percent.

If you’re filing a claim, you can bet that the defendant/insurance company will focus on any errors you made, hoping to pay you less than you deserve.

Negotiating a Settlement Amount 

Not only can an attorney help you to demonstrate that your injuries were incurred because of the fault of the other party but an attorney can also guide you through settlement negotiations.

Believe it or not, an insurance company is rarely on your side; it’s not uncommon for insurance companies to try to pay you less than you’re entitled. To ensure that you’re getting your full payout amount, make sure you have a legal advocate.

You May Want to File a Lawsuit

Sometimes, settlements don’t work out as they should. Or, injuries are so severe that filing a claim with the insurance company alone isn’t enough. When either of the above are the case, you may want to file a lawsuit.

Filing a lawsuit requires the following:

- Knowledge of state and federal law
- Completion within the state’s statute of limitations
- Time and perseverance in the face of adversity

Take Action to Find Representation Today

At Walker, Billingsley & Bair, our attorneys are ready to get to work on your claim today. We want to help you complete the necessary steps:

- Negotiations
- Proving the fault of the other party
- Filing a lawsuit
- Acting as your support system

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.