Did you know your Davenport personal injury case winnings could be reduced even if the jury sides with you?
Modified Comparative Fault in Iowa
Suppose you sue someone over a car accident or other personal injury. You will be entitled to the entire award in many states but for expenses like attorney fees. Some states decided it’s fairer to apply a formula to the verdict that can change or reduce the award when the plaintiff also exhibited negligence.
Imagine you’re at an intersection in Davenport, waiting for your chance to turn left. When the light turns green, you venture into the intersection while your eyes are glued to the navigation app on your phone. Not the best idea, right? With your eyes down, you don’t see the other car as it ignores the red light, barrels into the intersection, and slams into your vehicle.
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Who caused the damages?
Who is at fault? The guy who ran the red light. But could you have avoided getting hit if you had not been distracted by your phone? In a comparative negligence state like Iowa, a jury will be asked to assign a percentage of fault to each party. This is very important because, as we will see, it could dramatically affect the lawsuit’s outcome.
For instance, the jury in your case awards you $200,000. They assign the other driver 75% of the blame and allocate 25% to you. The modified comparative fault standard states that the percentage of fault will reduce the award the jury assigns you, in this case, 25% or $50,000 leaving you with $150,000.
The 51% exception
Here’s the wrinkle. The judge or jury finds will not award if you are more than 50% responsible for the accident. You won’t receive anything even if that percentage is just 51%.
The vast majority of Davenport personal injury cases settle before they reach trial. Even so, lawyers and insurance companies are well aware of comparative negligence and apply that formula for their settlement awards.
Lawsuit Loans in Davenport by High Rise Financial
High Rise Financial understands the uncertainty of comparative fault, but we also know that you have a tough time when you come to us for a presettlement loan. We want to ensure you have access to the funds you need to stay afloat while you wait for your attorney to negotiate a reasonable settlement for you. You’ll find that our offers are generous and our terms are fair.
Get on board now. Call us at 877-694-9066, and discuss your needs with our customer care team like your Davenport neighbors. Our application is free and easy. We can even take the information over the phone. Let your money work for you with a High Rise Financial lawsuit loan.