What Is Comparative Fault?

The purpose of a personal injury claim is to allow an injury victim to receive fair compensation from the party that caused his or her injuries. However, determining who is at fault for an accident is not always simple or easy. In many cases, blame can be assigned to more than one party- sometimes even the plaintiff. In Iowa, being partially responsible for an accident may not automatically waive your right to pursue just compensation.

If you have been hurt by a careless individual or entity, you need to make some informed choices about what you will do next. Your Iowa lawyers of LaMarca Law Group, P.C. can provide the facts and guidance you need to aggressively pursue repayment for your losses. Call our offices today at (515) 705-0233 to learn more about how we can help you.

The Modified Comparative Fault Rule

In some states, being partially to blame for your own injuries means you do not have grounds for a personal injury claim. This is not the case in Iowa, where the law includes a modified comparative fault rule. This means that you may be eligible for compensation if:

  • One or more other parties caused or contributed to your injuries
  • You are less than 51% responsible for the accident
  • Your injuries are significant enough to merit compensation

If your claim is successful, the court will determine what percentage of the accident was your fault and reduce your compensation accordingly. For example, if you are found to be 30% responsible, you will receive compensation for 70% of your total losses.

The modified comparative fault rule has many complex implications; it can be difficult to ensure fair treatment in court or during out-of-court negotiations. Our experienced Iowa personal injury attorneys have the knowledge and experience you need to make sure your rights are protected.

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Your Iowa lawyers of LaMarca Law Group, P.C. aggressively seek justice for each of our clients. To discuss what we can do for you, contact us at (515) 705-0233.

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