Need representation from an experienced Iowa personal injury lawyer? Call RP Legal Group now.
Did you have a car accident while driving past one of Iowa’s many corn farms? Or perhaps you fell and hurt yourself at the post office, bank, or grocery store. Regardless of the cause of your accident, you can count on RP Legal Group for trustworthy legal representation.
RP Legal Group connects clients with attorneys in Des Moines, Omaha, Davenport, Cedar Rapids, and other IA cities. Call us at (888) 340-7454 for your free consultation.
Take a look at some of our excellent reviews, then reach out to us to start the process of filing your claim.
What To Know About Filing a Personal Injury Lawsuit in Iowa
We understand that filing a personal injury lawsuit in Iowa can be complex and confusing. To help you out, we’ve compiled must-know information about time limits for filing, caps on damages, and Iowa’s comparative negligence rules.
Can You Recover Damages When Partially at Fault?
Jacob takes his family to the popular Maquoketa Caves State Park one spring day. During the journey, his son starts crying in the back seat, and he takes his eyes off the road for a moment to tend to him. Suddenly, he collides with a car turning out of the parking lot.
Jacob is partially at fault for the accident, but can he recover damages? Maybe.
Iowa follows modified comparative negligence rules that reduce compensation awarded by your degree of fault. If a court finds you more than 50% at fault, you cannot recover any damages.
Time Limits for Filing a Claim in Iowa
Generally, you have two years from the date of an accident to file a personal injury lawsuit in Iowa (Chapter 614, Section 614.1(2)). This applies to both non-death and wrongful death claims. If you don’t realize you’ve been injured right away, the statute of limitations begins when you discover (or should have reasonably discovered) the injury.
Some cases have a “statute of repose,” meaning a deadline by which you can’t file a claim regardless of when you discovered the injury. The statute of repose is:
- Six years for medical malpractice
- 15 years for product liability
- Usually, eight to 10 years for premises liability (but may be longer in certain cases)
There are some exceptions to the general two-year deadline. You can have the deadline extended if you can’t locate the defendant or they flee the state. If you were injured before age 18, you have one year from the date of your 18th birthday to sue. If you’re mentally incapacitated, you have one year from the date your incapacitation ends to file a claim.
Iowa Personal Injury Damages Caps
Iowa has a $250,000 soft cap on medical malpractice damages. However, a jury can choose to award more if your case involves:
- Significant impairment or loss of a bodily function
- Substantial disfigurement
- Loss of pregnancy
- Death
In February 2023, the state’s governor signed a hard cap on non-economic damages into law. For malpractice cases after this date, damages over $250,000 can’t exceed $1 million, or $2 million if the defendant is a hospital.
How To File Your Claim in Iowa
You can file in small claims court if your damages are $6,500 or less. Otherwise, you’ll need to open a civil case in the district court where the accident happened or where the defendant lives. Find the court serving your county here.
To start your lawsuit, you will file a petition with the applicable court. The petition must include the following information:
- The names of everyone involved in the case
- Your injuries
- A description of when, where, and how the accident happened
- Why you believe the defendant is liable for your injuries
- Your desired remedy
You’ll need to pay a fee to file your petition with the court. For small claims, the fee is $95. For other civil petitions, the fee is $195. You can request the postponement of paying the fee if you can’t afford it at the time of filing.
For a free legal consultation with a Personal Injury lawyer serving Iowa, call 888-340-7454
We Handle All Personal Injury Cases in Iowa
RP Legal Group is equipped to handle all types of personal injury cases in Iowa. We can assist with:
- Car, bus, motorcycle, bicycle, and commercial truck accidents
- Medical malpractice
- Premises liability, including dog bites and slip-and-fall accidents
- Construction accidents
- Rideshare accidents
- Wrongful death
Discover more about our legal team, then contact us to start your claim today.
Personal Injury Lawyer Near Me 888-340-7454
Why Hire an Iowa Personal Injury Accident Lawyer?
Here are just a few reasons why hiring an Iowa personal injury lawyer for your case is wise:
- Your lawyer can evaluate your case and tell you whether you have a valid personal injury claim. At RP Legal Group, we offer 100% free initial case evaluations.
- Iowa’s personal injury laws are vast and sometimes confusing. An attorney who is a member of the Iowa State Bar Association can explain complex laws to you in plain English.
- Your lawyer can track down evidence you may not know about or have access to, including camera footage, vehicle inspection reports, and semi-truck black box data.
- Your attorney can deal with the insurance company while you relax and focus on recovering.
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Call for Your Free Consultation Now
If you’re ready to start the claims process, call RP Legal Group at (888) 340-7454 for a free consultation with an IA personal injury lawyer.
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Frequently Asked Questions
We’ve put together answers to commonly asked questions about personal injury in Iowa here.
What Are Some Examples of Non-Economic Damages?
Non-economic damages include emotional distress, pain and suffering, and disfigurement. They’re called “non-economic” because they have no inherent monetary value.
What Are Special Damages in an Iowa Personal Injury Case?
Special damages are expenses you’ve incurred, such as medical bills, lost wages, and anticipated care needs.
Can You Represent Yourself in Iowa?
You can represent yourself in Iowa, but it’s smarter to hire an Iowa personal injury lawyer to help. You’re more likely to win your case if you’ve hired an attorney.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454