Courts are inevitably stressful and intimidating – but they can be doubly so when your financial security and future are on the line. This article hopes to make the process a little easier and clearer by explaining what to expect from your Iowa personal injury trial, including:
- The key stages of personal injury trials in Iowa.
- The possible outcomes of a trial and how long you can expect it to take to reach them.
- How compensation is determined and why learning medical terms and perspectives can improve yours.
What Are The Key Stages Of A Personal Injury Trial In Iowa?
A personal injury claim can turn into a lawsuit and then a trial if the responsible parties refuse to reach a fair compromise with you. In this case, you can expect the following stages:
1. Pre-filing Negotiations
Before filing a lawsuit, there is one last opportunity to negotiate with the insurance adjuster to resolve the case. This stage is critical because it could prevent the need for a formal trial if a satisfactory agreement is reached.
2. Filing The Lawsuit
If negotiations fail, the next step is to officially file the lawsuit. This involves submitting all necessary documentation that supports your claim, including evidence of the injury and any losses you’ve sustained.
3. Pretrial Preparations
This stage involves extensive preparations for the trial. Several key steps take place during this phase:
-
- Written Discovery
Both parties exchange written discovery, which includes interrogatories and requests for production.
-
- Interrogatories
These are formal written questions sent by one party to the other. Each side must provide written answers under oath.
-
- Requests For Production
These are formal demands for documents, evidence, or other items relevant to the case.
-
- Depositions
Depositions follow written discovery. These are formal, recorded interviews where both sides, along with any witnesses, provide sworn testimony. Depositions can play a crucial role in shaping the direction of the trial.
4. Trial
If no settlement is reached during pretrial preparations, the case proceeds to trial. A trial can last anywhere from a few days to several weeks, depending on the complexity of the case and the number of witnesses involved. During the trial, both sides will present their evidence and arguments before a judge or jury, who will ultimately determine the outcome of the case.
How Long Does A Personal Injury Trial Typically Last In Des Moines, Iowa?
The length of a personal injury trial in Iowa can vary, but in most cases, you can expect the trial phase to last anywhere from three days to two weeks.
Several things can affect how long a trial takes, including:
- The number of witnesses who need to testify.
- The amount of medical treatment involved and whether doctors need to testify about your care and medical expenses.
- If there are a lot of fact witnesses or other types of testimony, it can add to the trial’s length.
While some cases might take longer if they’re more complicated, most personal injury trials in Iowa tend to last about one week. Keep in mind that the actual duration can vary depending on the details of your case.
Attorney Gary Kendell is a diligent lawyer who has helped clients throughout Iowa through difficult personal injury and wrongful death trials. His writing and advice reflect 28 years of experience obtaining courtroom victories and securing vital financial compensation for injured individuals or victims’ families.
Are you facing a possible personal injury claim lawsuit or trial in Iowa? Contact Gary Kendell today to schedule an initial consultation.
What Are The Possible Outcomes Of A Personal Injury Trial If You’ve Been Seriously Injured?
There are many different possible outcomes to any personal injury trial. Of course, at the end of the day, you can break any outcome down into either a “win” or a “loss.” However, within those wide parameters, some variables come into play.
Here are the main possible outcomes:
1. Full Recovery (100% of Damages)
If the jury finds that the other party is entirely at fault for your injuries, they may award you full compensation. This includes medical expenses, lost wages, and pain and suffering. However, it is also possible that the jury could determine your injuries aren’t as severe as claimed or were caused by something else, which could lead to a smaller award or no award at all.
2. Partial Recovery (Reduced Damages)
Iowa follows a modified comparative fault system, which means your compensation could be reduced if you’re found to be partially at fault for the accident. For example, if the jury awards you $100,000 in damages but finds you 50% at fault, your award would be cut in half, leaving you with $50,000.
3. No Recovery (0% of Damages)
If the jury determines that you are 51% or more at fault for the accident, you won’t receive any compensation. This is one of the more significant risks of going to trial, as a finding of majority fault could mean walking away with nothing, even if you have suffered serious injuries.
How Is Compensation Determined By The Court?
If your case goes to trial, compensation will typically be determined by the jury. If, for some reason, you waive the right to a jury, compensation would instead be determined by the judge.
During the case, the jury or the judge apportions a percentage of fault to you and the other party, and they place a monetary value on the damages that you are able to prove you have suffered.
The combination of the monetary amount and the fault percentage leads them to a conclusion on the amount of damages to be awarded for your personal injury claim.
Our Firm Puts Years Of Experience To Work For You
While you might think that only facts or numbers are on trial, the truth is that you and your story are the most important factors in your personal injury claim.
With this in mind, you’ll need to be ready to clearly describe your injuries, the pain you’ve experienced, and how it has affected your life. You’ll also need to be prepared for the fact that the defense may try to confuse you or use other tactics, like sending you to an “independent” medical examination with the insurance company’s doctor, to weaken your case.
This is why having a skilled attorney on your side is so important. Our team ensures that you’re ready to stand firm, stick to the facts, and resist any efforts to diminish your story. From start to finish, we will guide you through every step of the legal process, helping you stay focused and protecting your interests—no matter what comes your way.
Ready for your personal injury trial?
For more information on Personal Injury Trials In Des Moines, Iowa, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (515) 205-1922 today.
Attorney Gary Kendell is a diligent lawyer who has helped clients throughout Iowa through difficult personal injury and wrongful death trials. His writing and advice reflect 28 years of experience obtaining courtroom victories and securing vital financial compensation for injured individuals or victims’ families.
Are you facing a possible personal injury claim lawsuit or trial in Iowa? Contact Gary Kendell today to schedule an initial consultation.
