Personal injury law, also known as “torts,” is the legal area covering accidents and other harm that does not result from criminal action or intent. A common example is a situation in which someone slips and breaks an arm or a leg because someone else left water or oil on the floor. Automobile accidents usually fall into this category as well. When it comes to home personal injury Iowa, the law gives you a limited amount of time to file a complaint, and there are other factors to keep in mind as well.
About the Statute of Limitations
This is the most important aspect of personal injury law. Every state has a time frame within which the injured party, or plaintiff, may file a lawsuit before losing their right to do so. In the state of Iowa, the statute of limitations for most injury cases is two years from the time the cause of action (the injury) occurred. So, for example, if you are struck and injured by a motorist who was talking on a cell phone while driving and the accident happened on May 21st, 2020, you would have until May 21st, 2022 to file a lawsuit against the party responsible.
Your Personal Injury Claim
There are two primary elements in a personal injury claim:
In criminal cases, the burden of proof is on the persecution. Similarly, in a civil lawsuit, it is the plaintiff who must demonstrate to the court that the defendant is indeed responsible for the injury sustained. This is the case whether it is a physical injury, loss of property, or damage to one’s reputation. If the court is satisfied that the defendant was indeed liable for the plaintiff’s injury, the defendant is awarded damages, usually in the form of a monetary payment.