Iowa Personal Injury Laws
Iowa personal injury laws vary from other state’s laws. Below are the most common personal injury laws in the state of Iowa. Understanding your compensation rights and getting the help of an attorney is your first step towards filing a successful Iowa personal injury claim.back to top
Iowa Statute of Limitations
(How long do I have to file claims in Iowa?)
The Iowa statute of limitations for filing personal injury claims is 2 years. The statute for medical malpractice claims in Iowa is 2 years from the date of reasonable discovery or within a maximum of six years from the date of the action. Product liability cases must be filed within 2 years (certain exemptions apply). These statutes for Iowa injury claims are subject to change, contact an Iowa injury attorney for definitive statutes at the time of your accident or injury.
Did you have a car accident in Iowa?
Iowa = Fault State
Compensation for car accidents are paid by the insurer or driver who is at fault for the accident. If you have been injured in a car accident due to the negligence of another driver you can get compensation from their insurance company or file a personal injury case.
Iowa is a modified comparative fault
- 51% bar state
Under the modified comparative fault- 51% bar rules an injured party can only recover compensation if they are 50% or less at fault for the injury or damages. If your degree of fault is more than 50% you will not receive compensation. Recovery of damages is also reduced by degree of fault.back to top
Are there any Damage Caps
in Iowa Injury Law for compensation?
(How much compensation can I get for my injuries?)
Under HF 2525 (2000); Iowa Code § 613.20 a motorist, passenger or pedestrian cannot collect noneconomic damages for injuries sustained in an automobile crash caused during the commission of a felony.
In Iowa there are no limits to economic damages, but punitive damages must not be unconstitutionally high. For example, the upper limit is generally nine times compensatory damages, unless extreme circumstances exist. There may be some exceptions to these limits. Iowa does not place a cap on the amount of recoverable damages in a medical malpractice action. Speak to an attorney for more information on thresholds.
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