At the Smith Law Firm, we handle most common types of auto-accident cases, such as cars, trucks, motorcycles and pedestrian cases.
What Are The Top Misconceptions That People Have About Auto Accidents?
The biggest misconceptions I often hear from our clients is how can I afford to hire an attorney and fight the other party's insurance company? How can I receive a settlement that will pay for my medical bills, pain and suffering? I explain to all my potential clients that the nice thing is this, you do not have to spend a penny to hire a lawyer to fight for you, and here are the reasons why. Auto Accidents fall into an area of law called “Personal Injury”. Attorneys only get paid from the actual settlement.
Most times, if you receive a settlement, and if your attorney cannot get you a sizeable lump sum of money to pay for your injuries, pain and suffering, then they may not take your case. In Iowa if an attorney DOES take your case, often times the attorney you talk to, charges the same amount, which is thirty-three percent of your settlement prior to filing a lawsuit. This is after the expenses incurred by the law firm are paid in full. That means you get the lion's share of your settlement. That comes to sixty-seven percent, and you have zero risk or money at stake if you do not win your case.
What Is Comparative Fault? How Does It Affect An Auto Accident Claim?
Comparative fault in the state of Iowa, along with twenty-one other states, follows a modified comparative fault rule. What this means is the law mandates the fifty-one percent bar rule. This means a damaged party cannot recover if he or she is fifty-one percent or more at fault. Conversely, the injured party can recover if he or she is fifty percent at fault or less, the recovery however would be reduced by the person's degree of fault.
What Are The Time Limits For An Auto Accident Claim In Iowa?
With auto accident claims, generally speaking, you must bring your claim within two years from the time of the accident or injury.
What Are The First Steps To Take After Sustaining An Injury In An Auto Accident?
After an accident, the first step you should take is always to seek medical treatment. If this has already been done, then there are few things you can do right away to protect your claim. First, you should collect evidence so you can determine who was at fault. This can be done by taking notes about the incident, taking pictures of the scene where the accident occurred, and note any damages that the accident caused to property, yourself or anyone else. Next, you should keep a written list of everything that has happened to you after the accident. This list can include, hospital and doctor visits, medical bills, missed work, expenses, and lost wages. Be sure to obtain the contact information of anyone that may have witnessed the accident or who may have been involved in the accident. You should follow up to confirm their contact information is correct.
Should I Notify My Insurance Company Regarding An Auto Accident?
Yes, call your insurance company as soon as you can. Regardless of fault, it is important to call your insurance company and report any accident that involved injuries or and property damage.
What Should I Do If the Other Party's Insurance Contacts Me Asking for a Statement?
Do not give any information or make statements to the opposing insurance company. It is always a better practice not to give the other driver's insurance company any kind of statement. You should contact your insurance company and your attorney to determine if and when you will provide a statement to the other party's insurance company.
For more information on Common Auto-Accidents in Iowa, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (515) 451-1260 today.