People who are hurt in car accidents in the state of Iowa may have their award for damages reduced if they choose to take their case to trial. The reason is, when a crash resulted from both drivers breaking the traffic laws, the one who is less liable will have to take some financial responsibility for the accident and their injuries. The court may assign a percentage figure to each party’s liability to determine how much the defendant must pay the plaintiff.
A lawyer who focuses on personal injury in Cedar Rapids, IA may provide victims with free consultations to discuss the possibility of filing a lawsuit against the other driver or their insurance company. Many lawyers start by trying to negotiate a settlement because it is less expensive for their client for them to make phone calls and send letters than to prepare for a civil trial. When negotiations fall through, though, there may be no other choice but to sue the person who caused your injuries.
There are a number of things your lawyer will likely do before the trial starts to help you win a judgment in your case. The process starts with something called discovery. The lawyers in the case, including your attorney, the other driver’s lawyer and a lawyer representing the insurance company may exchange information and interview witnesses on camera. These witnesses are required to tell the truth and may be asked to testify in your trial. In many cases of Personal Injury in Cedar Rapids IA, a settlement is reached during the discovery phase and the case is never heard by a judge.
If yours is one of the small percentage of cases that goes to trial, you may be asked to testify in court. The other party’s attorney may also ask you questions that you must answer truthfully. Expect your lawyer to help you prepare for court and to advise you of the questions you may be asked by the defendant. An attorney such as at Tom Riley Law Firm are likely to do their best to ensure you are not surprised by anything you are asked by the opposing lawyers. After the questioning is completed, a judge or jury will make the final decision on whether you will receive a cash award.