Car Accident Lawyers in Des Moines

Your safety and the safety of others at the scene should be your first priority.

1. Check yourself for injuries and call 911 immediately if anyone needs medical attention. Even if you feel fine, adrenaline can mask injury symptoms, so seeking medical evaluation is crucial.
2. Check on your passengers and other people involved in the accident, but avoid moving anyone who might have neck or back injuries unless they’re in immediate danger from fire or other hazards.
3. Move to a safe location away from traffic, if possible, but leave vehicles where they stopped if anyone is injured or if the accident caused significant damage.
4. Turn on hazard lights and set up warning triangles or flares if you have them. Exchange information with other drivers including names, contact details, insurance information, and license plate numbers.
5. Take photographs of vehicle damage, skid marks, traffic signs, and the overall accident scene from multiple angles.
6. Gather contact information from witnesses who saw the accident occur, as their statements can prove invaluable if the other driver disputes fault.
7. Report the accident to police even if it seems minor. Iowa law requires reporting any accident involving injuries, death, or property damage exceeding $1,500.
8. Never admit fault or apologize at the scene, as these statements can be used against you later.
9. Contact our car accident attorneys as soon as possible to protect your legal rights before speaking with insurance adjusters.

Iowa law requires you to report any car accident involving injury, death, or property damage over $1,500 as soon as possible by contacting local police. If law enforcement does not file a report, you must complete an Iowa Accident Report within 72 hours to avoid suspension of your driving privileges.

You must also provide proof of insurance; failure to do so will result in license suspension.

After reporting, you can decide whether to pursue a lawsuit. Most claims begin with settlement negotiations, but if you reject the offer, your attorney can prepare for trial. Settlement conferences are optional in Iowa, so you may choose to proceed directly to court.

Iowa’s statute of limitations gives you two years from the date of your accident to file a personal injury lawsuit in civil court. This deadline is strictly enforced. If you miss it, you lose your right to pursue compensation through the legal system regardless of how strong your case might be. Property damage claims have a five-year statute of limitations, giving you more time to pursue compensation for vehicle repairs and other property losses.

Wrongful death claims must be filed within two years of the victim’s death, which may differ from the accident date if your loved one survived for some time after the collision. While two years might seem like plenty of time, accident investigations take months, medical treatment continues for extended periods, and building a strong case requires substantial preparation.

Starting the legal process early ensures we have adequate time to gather evidence, consult experts, and negotiate effectively without facing deadline pressure. Furthermore, unless your local law enforcement agency files its own report, any accident in Iowa that results in death, injury, or property damage of $1,500 or more must be documented on an Iowa Accident Report form. If you do not file a report within 72 hours, your driving privileges will be suspended.

Iowa law allows accident victims to recover both economic and non-economic damages from at-fault drivers. Economic damages include all financial losses directly caused by the accident:

• Medical expenses for emergency care, hospitalization, surgery, medication, rehabilitation, and future medical needs
• Lost wages from time missed at work during recovery
• Reduced earning capacity if injuries prevent you from returning to your previous job or working at the same level
• Property damage to your vehicle and personal belongings
• Out-of-pocket expenses like transportation to medical appointments or home modifications to accommodate disabilities

Non-economic damages compensate you for intangible losses that don’t have specific dollar values but significantly impact your quality of life. These include:

• Physical pain and suffering from your injuries
• Emotional distress such as anxiety, depression, or post-traumatic stress disorder
• Loss of enjoyment of life when injuries prevent you from participating in activities you previously enjoyed
• Disfigurement or permanent scarring
• Loss of consortium for spouses whose relationship suffers due to the victim’s injuries

Iowa follows a modified comparative fault rule, meaning you can recover damages even if you were partially at fault for the accident, as long as your fault doesn’t exceed 50%. Your compensation is reduced by your percentage of fault.

For example, if you’re found 20% responsible for an accident and awarded $100,000, you would receive $80,000. This system makes it crucial to have experienced attorneys who can minimize your attributed fault percentage while maximizing the other driver’s liability.

It can be time-consuming and difficult to sue the other driver for damages to cover any medical costs or repair costs if they do not have any—or adequate—coverage. That is where this optional insurance coverage can prove to be vitally important to save you time and money.

Even though uninsured and underinsured motorist coverage is not required in Iowa, you should still consider purchasing it. In Iowa, just under 12% of drivers on the road do not have motor vehicle insurance, which means that if you get into an accident, the other driver has a 1 in 10 chance of not having coverage.

Insurance companies in Iowa must have the option of giving drivers the choice to buy uninsured motorist (UM) or underinsured motorist (UIM) coverage at a minimum of $20,000 a person and $40,000 per accident. Most policies will automatically have this coverage and you will have to opt out in writing to not have UM/UIM coverage.

While Iowa law doesn’t require you to hire an attorney, having experienced legal representation dramatically increases your chances of receiving fair compensation. Insurance companies employ teams of adjusters and attorneys whose job is to minimize payouts, and they use sophisticated tactics to reduce claim values or deny valid claims entirely. Without legal knowledge and negotiation experience, you’re at a significant disadvantage when dealing with these professionals.

Attorneys bring essential value to your case through accurate case valuation that accounts for all current and future damages, thorough investigation that uncovers evidence you might miss, expert witness coordination with accident reconstructionists and medical professionals, skilled negotiation that counters lowball settlement offers, and trial preparation that pressures insurance companies to offer fair settlements.

Our contingency fee structure means you pay nothing unless we win your case, eliminating financial barriers to quality legal representation.