An automobile crash may happen in seconds, but its repercussions might last a long time. It might cost you time at work, putting a strain on your ability to support yourself and your loved ones. On top of that, you are likely to end up with huge medical bills.
If you’ve been in a vehicle accident, you can talk to a car accident attorney in Council Bluffs, IA, from Berry Law. An attorney can help you file a personal injury claim against the party responsible for your collision and recover financial compensation for your damages. We are committed to assisting you through legal proceedings.
Reporting an Accident in Council Bluffs, IA
You need to report it to the law enforcement agency as soon as possible when you’re involved in an accident in Iowa, especially if it results in:
- Property damage worth $1,500 or more
The accident should be reported on an Iowa accident report form.
Compensation for Damages in Council Bluffs
Damages in a car crash may be broken down into two categories: economic and non-economic. Economic damages include vehicle repairs, lost earnings, and medical expenditures. Non-economic losses include pain and suffering; physical, emotional and mental anguish; or compensation for deformity or disability.
You can get compensation for the following damages:
- Medical costs
- Vehicle repair
- Pain and suffering
- Lost wages
- Loss of companionship
- Wrongful death
The specific settlement for an automobile collision varies greatly in each case. Consult our Council Bluffs car accident lawyers to better understand your legal options after a car accident.
The Role of Negligence in a Car Accident
Any action taken by a motorist that recklessly endangers others is deemed negligent in the eyes of the law. Negligence is when the driver did something they knew, or should have known, they shouldn’t have, such as texting while driving, running a red light, or exceeding the speed limit.
It is also deemed negligent if the driver fails to take action, such as yielding, stopping for a pedestrian, or using headlights when it is dark. Talk to your auto accident lawyer if you need help determining whether or not the other driver’s actions constituted negligence.
Iowa’s “At-Fault” and “Modified Comparative Fault” Laws
Iowa is one of the several states that use the “at fault” (or “tort”) system for determining liability for an accident. Your legal action will be more likely to succeed if you demonstrate that the other driver was at fault.
The question is, how much fault? Like most other states, Iowa employs a modified comparative negligence system. Your compensation could be reduced depending on your level of fault in the incident. If any party is determined to be 51% or more at fault, that person will not be compensated.
Your Council Bluffs car accident attorney will conduct their own investigation surrounding the circumstances of your case to determine fault and assign liability.
The Statute of Limitations on Car Accidents in Iowa
There are few limits to the amount of money you may get in a vehicle accident settlement in Iowa, provided you weren’t more at fault. In the case of most automobile accidents, the injured party has two years from the date of the accident to file a lawsuit for personal injury or settle with the at-fault party.
Missing the deadline to file a claim after a vehicle accident may be more common than you think. The clock keeps ticking as you attempt to negotiate a settlement with the insurance company. You should consult an attorney early on to examine the merits of your insurance claim and any deadlines that must be fulfilled.
Consult a Car Wreck Law Firm in Council Bluffs Today
Car accidents may leave scarring injuries both financially and emotionally. Feeling helpless is a common reaction under such circumstances. To your relief, Iowa law permits you to make a claim against the person or entity responsible for your injuries and seek financial compensation from them.
The Council Bluffs car accident lawyers at Berry Law are here to help you regain your ground after an accident. Contact us at your earliest convenience to schedule a free consultation and get started on the path to financial recovery.