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When Should You Settle Your Iowa Motorcycle Accident Case?

Posted By Pressley Henningsen - 01.09.20

After you have been in a serious Iowa motorcycle crash, you should be focused on healing from your injuries.  The other driver’s insurance company may try to contact you to talk about settling your claim.  Before you decide to settle your case, consider a few things:

Don’t Settle Your Case Until You’re Done Treating

You should not settle your motorcycle crash case until you are done treating your injuries.  There’s an important reason for this.  When you settle your claim, you will sign paperwork that says you will receive no additional money for your injuries.

If you continue to treat your injuries after you settle your case, these medical bills will not be paid by the other side.  They will need to come out of your settlement amount, which means less money in your pocket.  That’s why your attorney will tell you to treat until you are healed, or as healed as your doctor says you will get.

The Statute of Limitations on Iowa Personal Injury Law

If you have been treating your injuries for a while, your attorney may inform you that the statute of limitations is coming up on your case.   The statute of limitations is a time frame that you are able to settle your claim or file a lawsuit.  In Iowa, the statute for personal injury cases is two years from the date of the crash.

If you are still treating your injuries and the statute of limitations on your case is approaching, then filing a lawsuit is probably in your best interest.  It helps preserve your right to a fair settlement or jury trial while also giving you more time to heal.

Settling Your Iowa Motorcycle Crash Claim

You should only consider settling your case once your attorney is able to calculate the total cost of the accident – including how the crash has affected your life.

This calculation would take into account your medical bills and any wages you lost being unable to work due to your injuries.  Depending on your case, your attorney may also figure in the following:

  • Any pain and suffering
  • Any future medical treatment you may need
  • Loss of earning capacity, which is any loss of income in the future due to your injuries. For example, you do a lot of heavy lifting for your job, but suffer a shoulder injury in the crash and are no longer to lift over 10 pounds.  This injury may then limit your ability to work in the future – resulting in a loss of earning capacity.

RSH Legal offers a free, no-obligation case evaluation for Iowans injured in serious motorcycle crashes.  To schedule your free initial consultation, call us today at 1-800-433-0283.

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