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How Does a Motorcycle Accident Lawsuit Work in Iowa?

Your lawsuit starts when you file a complaint in court. However, before you get to that point, there are important things that you need to know to understand how Iowa motorcycle accident lawsuits work and how to protect your recovery.

Can You Sue?

Before you file a complaint in an Iowa court, you should know whether you have the right to do so and whether you may recover damages. Specifically, you should know:

  • If you have legal standing. You have the right to file a complaint if you were hurt in the accident, if you are the parent or guardian of someone under the age of 18, if you are the legal guardian of an adult, or if you are the administrator of the estate of someone who died in the accident.
  • If you are within the statute of limitations. In most cases, you have two years to file a claim; however, that time limit may be shortened or extended in some situations.
  • Whether contributory negligence applies to your case. If you bear the majority of the blame for the accident, then you may not be able to recover damages. However, you may be able to recover damages if you were partially—but not primarily—at fault for the crash.

If you have standing, if the statute of limitations has not yet expired, and if you were not primarily responsible for the motorcycle crash, then you should consider how to prove your case and make the fair recovery that you deserve.

How to Prove Fault and Damages

There is no one right way to prove fault and the value of your damages. Many people who have been hurt in motorcycle crashes find that it is important to:

  • Collect evidence, both at the scene of the crash and after the accident. The evidence that you collect will be necessary to prove your arguments, to encourage a settlement, or to get the court verdict that you deserve.
  • Have expert witnesses testify. Some experts may provide useful information about what happened in the crash and others may prove the value of your damages.
  • Work with an experienced attorney. An attorney knows how to negotiate with insurance companies and how to make the necessary arguments in court.

Together, the evidence, the experts, and your lawyer can help you recover damages.

Get the Recovery That You Deserve

Your recovery may come in the form of a court verdict, a judge’s decision on a motion, or a settlement. In order to make a fair settlement, you will need to present a strong case and persuade the other party to pay you fair damages, just as you would need to present a strong case and persuade the judge or jury of your arguments in court.

If you have any questions about how a case works then we encourage you to start a live chat with us now and to have your questions answered so that you can make the right decisions about protecting your recovery.

Jason F. Abraham
Managing Partner, Hupy and Abraham