If someone hurts you, you can pursue a personal injury claim to recover compensation. But, what happens if you are partly to blame? Contributory negligence rules used to bar you from taking legal action, but that is no longer the case in many parts of the country, including Iowa.
Iowa now follows a special rule called a modified comparative fault law. A personal injury attorney in Council Bluffs, IA can help you understand how this rule affects your case and can assist you in working within the existing legal framework to fight for the justice that you deserve.
Give us a call today to schedule a consultation and get personalized advice on your situation, or read on to find out more about how comparative negligence laws in Iowa will affect your personal injury claim.
What Are Comparative Negligence Laws in Iowa?
Iowa Code Section 668.3 establishes comparative negligence laws in the state. The relevant law reads as follows:
“Contributory fault shall not bar recovery in an action by a claimant to recover damages for fault resulting in death or in injury to person or property unless the claimant bears a greater percentage of fault than the combined percentage of fault… but any damages allowed shall be diminished in proportion to the amount of fault attributable to the claimant.”
While this may sound complicated, it means that unless you were 51% at fault for causing your own damages, you are going to be able to recover at least partial compensation. Your recovery will simply be reduced based on your percentage of the blame.
So, if you were 51% responsible for the accident, you would not be able to collect compensation from the other party, who was 49% to blame. In a pure comparative fault state, you still could collect, but that’s why Iowa’s rule is called modified comparative fault.
If you were 49% responsible, on the other hand, then you could collect 51% of your damages. So if you suffered $100,000 worth of losses, you could recover $51,000 in compensation from the person or entity that was 51% to blame.
Why Is Getting Legal Help So Important in Comparative Negligence Claims?
If you were involved in an incident that hurt you — which you may have been partly to blame for — you should work with an Iowa personal injury lawyer to help you with an accurate determination of fault. That’s because even a small percentage of added fault attributed to you could end your claim.
It’s very difficult, for example, to determine if you were 49% or 50% or 51% to blame. But this determination could affect your ability to recover tens of thousands of dollars, or even hundreds of thousands or millions of dollars, depending on how badly you were hurt.
Berry Law has extensive experience in these high-stakes claims, and we can help you to put together the strongest case possible, including physical evidence, witness testimony, expert witnesses, and more.
Our goal will always be to maximize the compensation you can collect and to do everything possible to help ensure you can pursue a claim under Iowa comparative negligence laws.
Contact an Iowa Personal Injury Lawyer Today
If there is a question of shared fault in an accident you were involved in, you should not hesitate to reach out to Berry Law as soon as possible.
Our Iowa personal injury lawyers will get right to work in proving your case to help you have the best chance of a successful claim that gives you the money you need to rebuild your future.
