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How Do I File a Personal Injury Claim in Iowa?

Posted By Ben Long - 08.13.20

Before you decide to file a personal injury lawsuit in Iowa, you need to understand how civil claims work.

Steps to Filing a Personal Injury Claim in Iowa

There are many steps to a personal injury claim, but you first need to determine whether you actually have a case or not.

In Iowa, the burden is on the plaintiff (you) to prove that:

  1. the person who harmed you was negligent, and
  2. this negligence caused your injuries.

If you can’t prove either of these things, you will not have a successful Iowa personal injury claim. While this may seem simple enough, it can be more difficult to prove than you may think. The only way to know if you have a case worth pursuing is to speak with an experienced Iowa personal injury lawyer. 

You may not need to file a lawsuit to have your claim resolved. Many personal injury cases settle before you ever need to file a lawsuit. You have two years from the date of your injury to settle your case or file a lawsuit. If you can settle your claim with the other side before those two years are up, there is no need for you to file a lawsuit.

Hiring a Personal Injury Lawyer For Your Case

If you decide to file a lawsuit for a serious personal injury claim, your best bet is to hire an attorney to help you. Not only will a lawyer handle all the lawsuit paperwork for you, but they can negotiate with the insurance company on your behalf and fight for you in court if you decide to go to trial.

Choosing the right attorney for your case should not be as easy as calling the attorney who handled your divorce, or doing a quick Google search. A serious personal injury claim can settle for as much or more than a new home costs. There are real consequences to picking an attorney, so be sure to do your research. Here’s how to pick the right attorney for your claim.

It’s Not Likely You’ll Go to Court For Your Personal Injury Claim – But You Can If You Want To

Even after you file a lawsuit, it’s pretty rare to make it to court. The majority of cases are resolved before a jury trial. The majority of Iowans successfully settle their claim before going to court. However, sometimes going to trial is the only way to get fair compensation for your injuries. If you have to go to trial, it’s a good idea to find an attorney who has gone to trial recently. Most Iowa attorneys don’t go to trial on a regular basis, so they may not know the best way to fight for you in court. Choosing an attorney that has recently gone to trial does not mean that you need to go to court – only that if you do, you have strong representation.

RSH Legal offers a free, no-obligation case evaluation where you can speak with one of our experienced attorneys about your case. To schedule yours, call 1-800-433-0283 today.

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