Personal Injury Law in Iowa
Under Iowa personal injury, law proof that the defendant was at fault due to their own recklessness is required. There must be proof that the incident caused the suing party losses in order to be successful in a personal injury trial.
Iowa’s comparative negligence law and modified comparative fault rule make it so any party that is less than 50 percent responsible can collect compensation, any party 50 percent or more is not allowed. If the party is less than 50 percent responsible the amount of compensation they are entitled to receive will vary based on the amount of responsibility they have for the incident. Iowa’s joint and several liability rule is a little different than other states, all of the parties that played a part in causing the incident are responsible to pay for all of the suing party’s monetary losses, non-monetary losses are divide amongst those at fault based on how much at fault each party is.
In a consumer product personal injury lawsuit in Iowa, strict liability law is used. In order to win a personal injury lawsuit in these kinds of cases, the plaintiffs must prove that the product was made with one or more flaws, which directly caused the consumer harm and damaged them in a substantial way. To be successful in a personal injury lawsuit over a flawed consumer product in Iowa, the plaintiff must also prove that they were correctly using the product.
The suing party, if victorious, is entitled to a number of things, these include: all healthcare costs, wages lost due to the lawsuit in question, any monetary or non-monetary loss directly relating to the incident, personal injuries, and personal property damage.
In the case of medical malpractice, consulting a medical expert is often the best way to go. A medical expert in the field of the incident can help you figure out exactly what went wrong and how to handle the situation.
The statute of limitations in Iowa for personal injury cases is two years, meaning that if there is no lawsuit filed within the first two years after the incident then there cannot be a lawsuit. Consult a qualified Iowa Personal Injury Lawyer to see if you have a valid case before entering into any kind of lawsuit.
The article presented above is based on the best available data available and is for informational purposes only. Consult a qualified personal injury attorney before relying on any information presented here.
Major Cities/Towns in Iowa:
West Des Moines