Even the best drivers end up in the worst car accidents. Such accidents, crashes, collisions, and rear-enders are not uncommon in Cedar Rapids, and the rest of Iowa. Immediately after a car crash, you may feel overwhelmed and shocked to do anything. This is, however, an important time, and if the other driver was responsible for your crash, you may consider filing a personal injury lawsuit. Iowa is an at-fault state, so the driver/party responsible for your injuries and losses must pay compensation, typically through their insurance company.
It is also wise to contact a known and reliable Cedar Rapids injury lawyer, so as to understand the basic circumstances and ways to protect your interests and rights. Here’s more on what you must know about car accident laws in Iowa.
The statute of limitations
Iowa, like other states, has a statute of limitations, which determines the deadline for filing a personal injury lawsuit after a car accident. If you intend to file a lawsuit against the at-fault party, you must do so within two years from the date of the accident. In case the accident resulted in someone’s death, the immediate family (spouse or dependents) can file a wrongful death claim within two years, from the date of death. Note that the date of death may not be the same as the date of the accident. If you are just seeking compensation for vehicle damage, you have four years. The statute of limitations doesn’t apply to insurance claims.
The modified “comparative negligence” rule
What happens if you were partially at fault for the car accident? In such cases, Iowa follows the modified “comparative negligence” rule. A party, with a part share in fault, can still file a personal injury lawsuit against another at-fault party, provided their share of fault is no more than 50%. Also, the awarded compensation will be reduced by your share of fault, in percentage.
Call an attorney soon after
There are some very reputed law firms in Cedar Rapids that take up car accident claims and lawsuits. Their attorneys can guide you on your rights, and just like the insurance company, the lawyer will do their share of investigation and gather evidence to bolster your case. Most attorneys work on personal injury cases on a contingency basis, which means they don’t charge a fee until they win.
Check online now and find more on injury lawyers in your area in Cedar Rapids.