Pre-trial settlement valuation and trial strategy in Iowa both turn on these numbers.
Below: five scenarios at common verdict sizes and fault percentages, with the recovery a
Iowa plaintiff would actually receive under the state\'s modified comparative fault (51% bar) rule.
Scenario: a slip-and-fall plaintiff is awarded $1,000,000 by a Iowa jury, with 10% of fault attributed to them for not watching where they walked. Under Iowa law (modified comparative fault (51% bar)), the final award is $90,000.
Worked example: a Iowa jury awards a plaintiff $500,000 in damages and finds the plaintiff 25% at fault. Under the state's modified comparative fault (51% bar) rule, the plaintiff actually recovers $187,500.
Worked example: a Iowa jury awards a plaintiff $500,000 in damages and finds the plaintiff 49% at fault. Under the state's modified comparative fault (51% bar) rule, the plaintiff actually recovers $255,000.
Scenario: a slip-and-fall plaintiff is awarded $1,000,000 by a Iowa jury, with 50% of fault attributed to them for not watching where they walked. Under Iowa law (modified comparative fault (51% bar)), the final award is $250,000.
Worked example: a Iowa jury awards a plaintiff $500,000 in damages and finds the plaintiff 60% at fault. Under the state's modified comparative fault (51% bar) rule, the plaintiff actually recovers $0.