Attorneys
Last Updated: 9/27/2024
Each Iowa injury case has a statute of limitations that prevents injured individuals from filing a claim after a certain amount of time has passed. These time frames have been reduced over the years so you should promptly consult with a qualified Iowa injury attorney after you are injured to determine how much time you have.
However, the general rule in Iowa is that you have up to 2 years to file a lawsuit from the date you were injured. Caution: Please keep in mind that it is a very bad idea to wait until the last few months before your time expires to start looking for a lawyer and/or trying to pursue the case on your own. It is simply too risky and dangerous to wait until the last minute because of several reasons including:
1. The party that injured you has moved and you are not able to find them in a timely fashion?
2. If you are not able to find a lawyer who has the time or wants to take your case at the last moment?
3. If you incorrectly identify the person who injured you and you don’t have the correct names until after the statute of limitations has expired?
The above and many more reasons are why it is a bad idea to wait until the last few months because you are facing a real possibility that instead of receiving fair compensation for your injuries you will receive nothing.
Below are additional specific time guidelines for filing injury cases in Iowa:
Dog Bites
Generally, you have up to 2 years from the date of the dog bite or attack to have a petition on file with the appropriate court against the appropriate dog owners.
Dramshop
These are cases against bars and restaurants that have liquor licenses that overserve their customers who then injure another person due to their intoxication. Iowa law requires that you serve proper notice to the alcohol vendor (liquor license holder) within 6 months of the date of injury or death. Failing to do so can bar your claim forever.
Also, please note that the Iowa Legislature passed laws in 2018 making these cases even more difficult by requiring evidence of direct service, etc. Also, the overall 2-year statute of limitations from the date of the injury still applies.
Iowa Tort Claims Act
If you were injured due to the negligence of the State of Iowa or one of their employees then you have additional things that must be done prior to the general 2-year statute of limitations. You should consult with an experienced Iowa injury attorney to discuss filing your Iowa Tort claim and subsequent lawsuit.
Medical Malpractice
The general rule is that you have 2 years from the date of malpractice to bring a lawsuit, but there are some very limited exceptions. It is always best to have the lawsuit filed within 2 years, but in situations where you did not know or should have known about the malpractice until later the statute may be extended.
Also, if the injured party was a minor there are special rules that apply to children injured because of medical malpractice. Other requirements like a certificate of merit, expert designations, etc. have very specific time requirements that must be met or the case will be dismissed.
Motor Vehicle Collisions (Car Accidents, Motorcycle Accidents, Truck Accidents)
For personal injuries caused by car, truck, and motorcycle accidents you have up to 2 years from the date of the collision to file a lawsuit, but waiting until the last minute can cause many problems. For example, what if you learn after the 2 years have expired that the other driver does not have enough insurance coverage to compensate you for your injuries?
Hopefully, you would have brought a claim against your own insurance company for UIM (underinsured motorist coverage) within the statute of limitations, but if not, you may be out of luck.
Note: Some car insurance policies extend the statute of limitations beyond 2 years for UM (uninsured) and UIM (underinsured) motorists’ claims, but it is very dangerous to not include them in the original petition if your damages are severe enough.
Products liability
These have both the 2 years from the date of injury requirement and also have what is called a statute of repose. The statute of repose requires that the lawsuit be brought no later than 15 years after the product was first purchased, leased, bailed, or installed for use or consumption unless expressly warranted for a longer period of time by the manufacturer, assembler, designer, supplier of specifications, seller, lessor, or distributor of the product. This means that your statute of limitations for a defective product may have expired before you were even injured.
Workers’ Compensation
Work injuries have additional notice requirements in that you are required to notify your employer within 90 days of your work injury. This notice can be given verbally but should also be in writing. It is possible if you were hurt over a period of time, what is called a cumulative trauma injury, that this 90-day notice requirement may extend past 90 days from when your symptoms started, but this is currently an issue for the Iowa Supreme Court to decide.
Once you have provided notice to your employer the statute of limitations is generally 2 years from the date of your injury with a possible minor exception. If you have been paid a weekly workers’ compensation check, either TTD (temporary total disability), TPD (temporary partial disability) or PPD (permanent partial disability) then your statute of limitations can be extended for up to 3 years from the date of the last such check. With the above in mind, it is always a good idea to contact a qualified Iowa workers’ compensation attorney months before the 2 years expire to determine what the statute of limitations is in your case.
Get Help Now
To learn more about Iowa statutes of limitations and how you can avoid 8 costly mistakes in Iowa injury cases request your copy of our Iowa Injury Book Here. We offer our book to fellow Iowans at no cost because we have seen far too many Iowans get ripped off by insurance companies who did not care about the injured person. Our book is available at no risk and your information will remain confidential so claim your copy now. If you need immediate assistance, call us at 641-792-3595 (phones are answered 24/7) or fill-out our contact us form.
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