Getting hurt in a car accident or another unfortunate incident is bad enough when it is someone else’s fault and you can pursue that party for compensation. However, you may feel helpless if you suspect you were partly to blame. The good news is that you are not alone – many people find themselves in similar situations but get through it successfully. Iowa has comparative negligence laws that apply to such personal injury cases.

Comparative negligence laws can allow you to recover damages from third-party defendants even if you were partially liable for the accident. They often apply in car accidents involving multiple vehicles. However, if you are partially responsible, the compensation you could receive may be affected.

In this post, we will take a closer look at what comparative negligence is and how it could affect your personal injury claim. We will also explore how Council Bluffs personal injury attorneys can help you seek justice in complex liability cases.

Defining Comparative Negligence

Comparative negligence is a legal principle that considers the fault attributable to each person in a personal injury claim. Fault may be shared among multiple defendants. Depending on the legal principle followed in the state where your accident happened, you may or may not be able to recover damages if you were partially at fault.

Laws vary from state to state; however, all states follow one of the following systems:

Contributory negligence: If a plaintiff’s negligence contributed to the accident at all, he or she may not recover damages from the other party or parties. Very few states follow this legal principle.
Pure comparative negligence: A plaintiff can recover damages even if he or she is 99 percent liable. Around one-third of states follow this rule.
Modified comparative negligence: Depending on the state, a plaintiff can recover damages unless he or she is 50 percent or more or 51 percent or more at fault. Iowa is a modified comparative negligence state.

Comparative Negligence in Iowa

The Iowa Code § 668.3 states, “Contributory fault shall not bar recovery in an action by a claimant to recover damages for fault resulting in death or in injury to person or property.” However, there are two important caveats to consider in every contributory negligence case.

The threshold for recovery of damages

The fault attributable to one individual must not be more than the combined fault of the other parties. As Iowa is a modified comparative fault state, you cannot recover damages if you are more than 51 percent at fault. Each party is responsible for his or her percentage of fault unless one individual was 51 percent or more responsible for causing the accident.

Reduced settlement

In Iowa, if you were partially liable for causing an accident in which you were injured, your compensation would be reduced in proportion to your level of fault. For example, imagine your personal injury claim was worth $100,000 if no fault was attributable to you. If you were 25 percent at fault for a car accident, your settlement would be reduced in proportion to your level of fault – in this case, by $25,000.

However, 75 percent of a settlement is still much better than no settlement. So, if you are holding back from talking to Iowa personal injury attorneys because you were partially at fault, do not delay any longer. A lawyer can listen to your story and explain how modified comparative negligence laws apply in your case. You may be surprised at the legal avenues that are still open to you even if you were partially liable.

Recovering Damages When You Are Partially At Fault

Modified comparative negligence may be easy to define, but these cases are complex. You need to work with an experienced personal injury attorney who has handled similar cases before and can untangle complicated questions of liability.

This requires an in-depth investigation into each person’s role in the accident. A personal injury lawyer must provide strong evidence of fault and demonstrate that your actions did not meet the 51 percent threshold.

Most personal injury cases are settled out of court with the defendant’s insurance company. As a business, the insurance company is focused on protecting its profits. To do this, it will try to prove that your fault exceeded the 51 percent threshold and that you are not entitled to compensation. So you need a personal injury lawyer prepared to play hardball and fight aggressively for your rights at the negotiating table or, if necessary, in court.

Proving Negligence in Iowa

In every personal injury case in Iowa, the plaintiff must prove the following four elements to be successful:

Duty of care: The defendant had a duty of care toward the plaintiff. For example, in car accident cases, all drivers owe a duty of care to other road users. In slip-and-fall accidents in stores, for instance, a shopkeeper has a duty of care to customers.
Breach of duty: The defendant’s negligence constituted a breach of his or her duty of care.
Cause: The defendant’s negligence was the direct cause of the plaintiff’s injuries.
Damages: The plaintiff is entitled to damages for his or her losses. These include economic damages, such as medical bills and lost wages, and may also include non-economic damages, like pain and suffering, mental anguish, and loss of consortium.

Of course, a personal injury case is more complicated when the plaintiff’s negligence must also be considered. However, a skillful and experienced personal injury lawyer can navigate the complexities of Iowa’s modified comparative negligence laws and build a strong case for recovering damages.

What an Experienced Personal Injury Lawyer Can Do for You

A personal injury lawyer can increase your chances of a successful outcome to your case by navigating you through Iowa’s modified comparative negligence laws. From your free consultation onwards, your lawyer will be focused on helping you achieve maximum compensation.

An attorney will do the following:

Investigate your case: Iowa personal injury attorneys will gather evidence from various sources, including police reports, witnesses, videos, and photos. Your lawyers may even work with accident reconstruction specialists in serious cases to determine how much fault is attributable to each party.
Negotiate a settlement: After building a strong case, your personal injury lawyer will begin negotiations with the insurance company. Experienced attorneys know all the tactics insurance companies use to try to devalue or deny a personal injury claim and how to counter these methods. An experienced lawyer can advise you when he or she believes it is time to settle and when it is better to go to trial.
Fight your case in court: You need a lawyer with successful trial experience to represent you at trial. Your personal injury lawyer must build a persuasive case to show you are only partly to blame, and then the jury will decide on the case and award damages.

An experienced personal injury lawyer could make the difference between being denied a settlement and achieving fair compensation in a case involving contributory negligence. However, it is crucial to choose a law firm you can trust to represent you.

Trust the Experience of Hauptman, O’Brien, Wolf & Lathrop Attorneys

We understand that pursuing compensation when you suspect you were partially at fault could be overwhelming. However, the clear legal advice from the experienced personal injury lawyers at Hauptman, O’Brien, Wolf & Lathrop can set your mind at rest. We have over 233 years of combined experience and have encountered almost every personal injury situation, including many comparative negligence cases.

At your free consultation, a compassionate personal injury lawyer will listen carefully to your experience. The lawyer will ask questions to understand the situation more fully, including how your actions may have contributed to the accident. Our attorney can then explain your legal rights under Iowa’s modified comparative negligence laws and how likely your case is to succeed. If we agree to take on your case, rest assured that we will fight aggressively in pursuit of maximum compensation for you.

Don’t delay in arranging a free consultation to discover your legal options. Call us 24/7 at (402) 241-5020 to connect directly with a personal injury lawyer. Alternatively, fill out our contact form and we will schedule a callback very soon.