Whiplash settlements
in Iowa.
Iowa appeals courts will send a neck injury case back when the jury ignores the medical bills. A $7,027 verdict was reversed because the driver had $28,832 in paid treatment the defense never disputed.
Facts that decide a whiplash claim in Iowa
| Deadline to sue | Actions “founded on injuries to the person” must be brought within two years.Iowa Code § 614.1(2) |
|---|---|
| Fault rule | Contributory fault does not bar recovery “unless the claimant bears a greater percentage of fault than the combined percentage of fault attributed to the defendants”; damages are reduced by the claimant’s share, so 50% still recovers.Iowa Code § 668.3(1)(a) |
| Seat belt use | Nonuse can reduce damages by up to 25% after comparative fault, and only with substantial evidence it contributed to the injury.Iowa Code § 321.445(4), in the MyClaimWorth seat belt chart |
| Inadequate verdicts | An award far below proven medical expenses can be challenged, and the Court of Appeals ordered a new trial where the jury awarded $7,027 against $28,832.90 in paid treatment.Grimm v. Chilcote (Iowa Ct. App. 2017) |