If you were recently in some sort of accident or incident and injured as a result, you may be wondering if you can file a personal injury claim against the other person. You can sue someone after an injury, but it’s essential to understand the circumstances under which you can file a lawsuit and the process involved.
There are several laws, rules, and regulations it is essential to understand before moving forward. Take the time to understand “negligence.”
In Iowa, negligence in a personal injury case is defined as the failure to exercise reasonable care under the circumstances, resulting in harm or injury to another person. To establish negligence in a personal injury lawsuit, the plaintiff typically needs to prove the following elements:
#1 Duty of Care: The defendant owed a duty of care to the plaintiff. This means they had a legal obligation to act reasonably and prudently to avoid causing harm.
#2 Breach of Duty: The defendant breached their duty of care by failing to act as a reasonably prudent person would under similar circumstances. This could involve actions such as speeding, distracted driving, not properly maintaining property, or any other behavior that falls short of what is considered reasonable.
#3 Causation: The defendant’s breach of duty was a direct cause of the plaintiff’s injuries or damages. In legal terms, this is often broken down into two types:
Cause in Fact: The plaintiff must show that, but for the defendant’s actions, the injury would not have occurred. In other words, the defendant’s conduct was a substantial factor in causing the harm.
Proximate Cause: The harm suffered by the plaintiff must have been a foreseeable consequence of the defendant’s actions. This means that it was not too remote or disconnected from the defendant’s conduct.
#4 Damages: The plaintiff must have suffered actual damages, which can include medical expenses, pain and suffering, property damage, lost wages, and other losses directly related to the incident.
It’s important to note that Iowa follows a modified comparative fault system. This means that if the plaintiff is found partially at fault for the accident, their compensation may be reduced in proportion to their degree of fault. However, if the plaintiff’s fault is 51% or more, they may be barred from recovering damages.
Additionally, Iowa operates under the doctrine of modified joint and several liability. This means that if a defendant is found to be less than 50% at fault, they are only responsible for paying the portion of damages equal to their percentage of fault.
While it isn’t legally required, it’s absolutely advisable to consult with a personal injury attorney if you’re considering filing a lawsuit. An attorney can assess the strength of your case, help you navigate the legal process, negotiate with the other party’s insurance company, and represent your interests in court if necessary.
You can find one through 1-800-Injured. 1-800-Injured is a medical and legal referral network who connects clients with experienced professionals able to help them with their unique personal injury needs. After an initial consultation with our team, we reach out to our network in order to find an attorney who is ready and willing to take the case as soon as possible. Keep in mind that there is a time limit, known as the statute of limitations, for filing a personal injury lawsuit.