Personal Injury Claims & Lawsuits In Iowa

Common Types of Personal Injury Claims in Iowa

Personal injury claims can take many forms. Although the same laws apply to all of them, the process for negotiating or litigating them can look different.

Motor Vehicle Accident

Iowa uses a fault-based insurance system that requires vehicle owners to buy bodily injury liability coverage. After a collision caused by driver negligence, the victim has the right to seek compensation for their car accident injury. They may sue the driver, but most cases begin by negotiating with the driver’s auto insurer.

A 2005 national study estimated that plaintiffs win about 64% of motor vehicle lawsuits. Unfortunately, there are no current or Iowa-specific numbers.

General Injury

Iowa law gives people the right to seek compensation for any injury caused by another’s intentional or negligent act. Defective products also fall under this umbrella.

In most cases, your lawyer will negotiate with the responsible party’s insurer for a settlement. If the insurer denies liability, you can file a lawsuit against the person or business that caused the accident.

The national study estimated that plaintiffs win just under 52% of all injury cases. However, this number is misleading for a few reasons.

First, lawyers usually only file lawsuits with a high probability of success. If the case is weak, the lawyer will advise the client to settle or drop their claim.

Second, trials typically only occur in complex and disputed cases. Most claims will settle before a lawsuit. If the plaintiff sues, the case will usually settle during pre-trial procedures.

Workers' Compensation

Workers’ compensation is a mandatory insurance system for most Iowa employers, including many farm operations that employ non-family members. Under this system, someone injured at work will file a claim with their employer’s insurer. The benefits are set by law, and negotiation with the insurer will likely be unnecessary.

While there are no specific figures available, the odds of successfully obtaining workers’ compensation benefits are high because the insurer generally cannot deny claims based on fault.

Sexual Assault

The parties liable for a sexual assault can include the assailant, who commits an intentional tort called battery, and anyone who negligently enabled the assault, such as an employer.

You may file a claim with the enabler’s insurer and attempt to negotiate a settlement. If the insurer denies the claim, you can sue the enabling party for negligence.

The likelihood of trial success against the assailant or the enabler, according to the national study, is just under 52%. However, many cases settle before reaching trial.

Dog Bite

Owners are strictly liable for dog attacks in Iowa. Dog attacks typically fall under property liability insurance carried by homeowners, renters, and businesses.

You might file a claim with the insurer and negotiate for a settlement. You can then sue the owner or handler responsible for the dog if a settlement cannot be reached. Plaintiffs win roughly 75% of dog bite trials.

Slip and Fall

Property owners and managers must keep their premises reasonably free from slipping hazards. You can sue these parties for negligence after you slip and fall due to a condition that they should have discovered and repaired.

These claims are typically covered by property liability insurance. However, if the claim is denied, plaintiffs have roughly a 38% chance of winning at trial.

Medical Malpractice

Hospitals, doctors, and other healthcare providers can be sued for malpractice when they provide substandard care. However, you typically negotiate with the malpractice insurer to settle your case and only file a lawsuit if a settlement cannot be reached. Plaintiffs have just under a 23% chance of winning a lawsuit.

Filing a Personal Injury Claim

A case usually starts with an insurance claim using the insurer’s forms. If the insurer accepts liability, you will negotiate a settlement by pushing for full compensation for the losses documented in your records. Roughly 60% to 70% of cases settle at this stage.

If the insurer denies liability, you may file a lawsuit. Iowa gives you two years to file an injury lawsuit.

Typical Personal Injury Settlement Amounts in Iowa

There are no objective reports of average settlement values for personal injury claims & lawsuits in Iowa. Nationally, however, average personal injury settlement amounts are about $40,500.

This number varies greatly depending on the accident type and the severity of your injuries. For example, medical malpractice settlements can reach millions of dollars. Whether your case goes to trial or you settle out of court is also key.

When You Need to File a Lawsuit

In 15% to 20% of cases, negotiations will not produce a settlement. You may need to file a lawsuit in these situations:

• The insurer denied the claim
• The other party blames you for causing the accident
• The insurer disputes your losses

Once you file a lawsuit, you will exchange evidence with the other party. This pretrial discovery often pushes the parties to compromise. Only about 3% to 5% of lawsuits reach trial.

Get Matched With a Personal Injury Lawyer in Iowa

The aftermath of any accident can be overwhelming. Let a local attorney help you navigate the complexities of the claims process while you focus on healing. ConsumerShield connects clients like you with vetted Iowa attorneys. Fill out our simple contact form to get started now.