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Balduchi Law Office, PC May 8, 2023

Personal Injury FAQs

Personal injuries can have devastating effects. When a person suffers a personal injury— especially one due to the negligence of someone else—it can feel incredibly frustrating.

If you’ve suffered any kind of personal injury in Iowa, it’s important to reach out to legal counsel. The attorneys at Balduchi Law Office, PC are ready to help you navigate the personal injury process and pursue the compensation you deserve. The firm is proud to help individuals and families in Des Moines as well as throughout Polk County and the rest of Iowa. Set up a consultation to start moving forward.

Filing a Personal Injury Claim in Iowa

In Iowa, being a fault state means that the person who caused an accident or injury is responsible for paying for the damages and losses that result. Parties injured in an accident in Iowa have several options for seeking compensation from the at-fault party: 

  • Filing a personal injury claim against the responsible party’s insurance. Compensation may include medical expenses, lost wages, and pain and suffering, among other damages. 

  • If the at-fault party does not have insurance, personal injury victims may be able to file a personal injury lawsuit to recover damages and expenses. 

It’s important to note that Iowa follows a comparative fault system, meaning the victim may be partly at fault for the accident. If so, their compensation may be reduced based on the percentage of their responsibility.  

Frequently Asked Questions About Personal Injuries

The following are common personal injury-related questions clients seek answers to: 

What Is Iowa’s Motor Vehicle Financial and Safety Responsibility Act?

Iowa’s Motor Vehicle Financial and Safety Responsibility Act is a law that requires all drivers in Iowa to carry a minimum amount of liability insurance in order to operate a motor vehicle. The law ensures that drivers who cause accidents are financially responsible for the damages and injuries they cause. 

What should I do after an accident?

Be sure to take the following steps after an accident: 

  • Check for injuries. 

  • Contact the police even if it’s a minor accident. 

  • Exchange contact information, insurance information, and driver’s license information with the other driver(s) involved in the accident. 

  • Seek medical attention even if there are no apparent injuries. 

  • Contact the insurance company to report the accident immediately. 

  • Contact a personal injury attorney who can assess the case and provide options regarding compensation. 

What if I was partially at fault?

Iowa follows a modified comparative fault system, which means that compensation will be reduced in proportion to the percentage of fault assigned to the victim. For example, if a personal injury victim is 20% liable for an accident, their compensation would be reduced by 20%. A $10,000 settlement would be reduced by $2,000, leaving the final payout at $8,000.  

I don’t feel hurt. Should I still see a doctor?

Personal injury victims should still see a doctor even if they don’t feel hurt after an accident. Some injuries may not be immediately apparent and may show up weeks or even months after the initial incident. Delaying medical treatment might lead to complications and worsen the severity of the injuries. 

Additionally, failing to seek immediate medical assistance can help insurance companies question the severity of injuries. As a result, insurers may attempt to reduce compensation or dismiss your claim altogether. 

Should I talk with the insurance adjuster?

Personal injury victims should never speak to an insurance adjuster before speaking to a personal injury attorney first. Adjusters may use anything personal injury victims say against them. An experienced personal injury attorney can help victims understand what information they need to provide and what they should not say to an adjuster. 

How long do I have to file a personal injury claim?

In Iowa, the statute of limitations for personal injury claims is two years from the date of the accident or injury. This situation means you have two years from the accident date to file a personal injury lawsuit. 

What if I’m injured and the other party has no insurance?

Personal injury victims may file a claim against their own insurance to recover expenses and damages when the liable party does not have insurance. Additionally, injured parties may file a personal injury lawsuit against the liable party to recover damages from the at-fault party. 

Do I need to hire a personal injury attorney?

While it is not technically required to hire a personal injury attorney, it is highly advisable to do so. Failing to hire a personal injury attorney can lead insurance companies to take advantage of victims. A personal injury attorney can help injured parties defend their right to fair compensation and move forward with their lives. 

Get Your Important Questions Answered 

If you’ve suffered personal injuries in Iowa, reach out to a lawyer. The team at Balduchi Law Office, PC is here to help you pursue the compensation you need to get your life back on track. Set up a one-on-one consultation today. 


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