Filing a Personal Injury Claim in the State of Iowa

How Does My Lawyer Determine What My Case Is Worth?

Determining the value of your claim is dependent on a few different factors. First, the special damages, or hard costs can be easily added up. These include costs such as medical bills, lost income due to missing work, and the cost of repairs to damaged property. Second, general damages must be calculated. General damages are more difficult to assign a monetary value to since it includes pain and suffering and emotional trauma.

Now your lawyer will file your complaint. This is the beginning of your due process.

What Happens During Your Personal Injury Lawsuit

Discovery

In this phase, all evidence is collected by both sides. Your medical documents, any pictures you took, your testimony and more will be submitted at this time. During the discovery phase, interviews (key witnesses, depositions, cross-examinations), and requests for documentation or admissions will occur for each side to help build their case. Danny will take care to ensure your best interest during these exchanges.

Mediation

In the state of Iowa, mediation is a mandatory pre-trial step in the process of a personal injury claim. A mediator is mutually agreed upon by both parties’ lawyers. We will all gather in a conference room to listen to the options the mediator suggests based on both the plaintiff’s and defendant’s arguments. This is much more informal than what will occur at trial.

Settlement

If the defence offers a reasonable settlement during the mediation process, the lawsuit can end here and does not need to go to trial. However, its important to note that pre-trial settlements are rarely in the injured party’s best interest, no matter how common they are. Danny Cornell is a trial lawyer who will ensure your case is communicated effectively in front of a jury if necessary so that you can completely recover your damages. Settlement talks remain available until the end of trial when the jury reaches a verdict.

During the Trial

Both you (the plaintiff) and the defendant will have your cases argued by your lawyers before a judge and jury. Key witness and applicable expert witness testimony will be heard as part of this process. It is your lawyer’s job to convey that you deserve to have damages recovered, and in most cases to also prove negligence on behalf of the defendant.

The End-Of-Trial Verdict

The jury will reach a verdict, which will then be delivered by the judge. This represents the outcome of your personal injury claim.

“At Cornell Injury Law, we have recovered tens of millions in total damages for our clients.” – Danny Cornell, Managing Partner

In the state of Iowa, the damages recovered are determined based on calculating “modified, comparative negligence.” This means that if the jury finds you partially liable for your injury, the amount of liability will be deducted from your award.

“If a jury finds the plaintiff 20% liable for their injury, the defendant is liable to pay 80% of those damages they are responsible for”