What Happens When an Iowan Files a Personal Injury Claim?

If you have been hurt or have been in an accident, you first need to understand the personal injury inflicted by the other party before you file a claim. For example, if a truck driver is texting or talking on the phone while operating a vehicle and hits a car, then it’s pure negligence. In other cases, personal injury is imposed intentionally to cause harm, such as sexual assault, fracture, or a fall leading to a lifelong injury.

If you or your loved ones are in a similar situation, you must consult with RSH Legal – Iowa Personal Injury Lawyers. They will help you understand the terms and conditions that outline your personal injury claim and will set the stage for the further process.

When’s the Right Time to File a Personal Injury Claim or Case?

You should submit your personal injury claim in Iowa as soon as you are injured. The moment you sustain an injury, your claim’s time clock starts ticking. It should be done within two years from the date of the incident. Failure to do so can result in the denial of your claim or any compensation. Filing your claim sooner is much more beneficial than filing it after a week or later. This is because after the injury, the details are fresh in your mind, and the evidence can be accumulated based on those details, which will uphold your case in front of the jury.

Navigating the Legal Process: Filing to Resolution:

After filing your personal injury claim in Iowa, you will enter the standard process defined by the state. In the initial discovery phase, information about the incident or case will be exchanged between the involved parties. This will allow both parties to gather hard facts about the incident. Following discovery, many parties directly enter a negotiation to try and reach an agreement, which leads to a settlement. If any of the parties doesn’t agree to the settlement or fails to settle, the case automatically goes to trial, where the jury makes the decision. It’s important to understand that it takes time when the jury is involved, and the timeline can increase depending on the complexities involved in the case.

Estimating Damages and Potential Compensation:

To evaluate the claim’s potential compensation and the extent of the damage incurred by the victim, it’s important to assess every factor of the incident. There are mainly two types of damages in personal injury claims: economic and non-economic. Economic damages, as the name suggests, are the direct costs that have happened due to the injury, like medical bills, property damages, and lost wages. Non-economic damages are pain, depression, and suffering, typically emotional aspects. Calculating economic damages is quite easy, as it involves tallying up the total costs and lost income. However, non-economic damages are subjective and are thereby calculated based on their severity or impact on the person’s life. 

If Your Personal Injury Case Goes to Court: Litigation Process:

As mentioned above in the filing and resolution phase, if the case doesn’t get settled after the discovery phase, it will go to trial in court. This is called the litigation process, in which a lawsuit is filed by the victim and served to the defendant (the person or party who has been accused of causing the incident or injury). Then it goes to trial, where both parties present their evidence and witness testimonies to prove their arguments. After reviewing all the evidence and the statements given by witnesses, if any, and the parties involved, the jury gives its decision on who is at fault and what compensation, if any, should be awarded.