Iowa Personal Injury Law

The following summary of Iowa personal injury laws and theories of liability will help you understand important aspects of injury claims in this state.

Iowa Statute of Limitations:

• Personal Injury: For general personal injury, 2 years
• Medical Malpractice: 2 years for basic medical malpractice, up to a 6 year maximum for all medical malpractice claims
• Products Liability: 2 years

Caps on Personal Injury Awards in Iowa:

The courts have recently struck down a cap on personal injury awards in the state of Iowa.

Iowa Serious Injury Threshold:

There is no serious injury threshold in the state of Iowa.

Iowa is a fault state and follows the modified comparative fault-51% theory. Therefore, if a plaintiff is less than 51% at fault, he or she will still be able to recover a personal injury settlement.

Types of Personal Injury Claims & Theories of Liability Iowa:

Auto Accidents: A negligence action arises when a party who owes a duty breaches and causes damages as a result of the breach. Drivers owe a duty to operate their vehicles free of negligence and when they fail to do so, they will be held liable for the damages that result.

Products Liability: Products that are made available to consumers for use, ingestion and consumption are presumed safe. When injuries result due to a defective product however, all members in the chain of distribution can be held strictly liable to the plaintiff.

Workers' Compensation: Iowa is considered a compulsory workers compensation state. Therefore all employers in the state of Iowa must carry workers compensation insurance and keep it current in the event of a workplace injury.

Medical Malpractice: When an injury occurs as a result of a medical professional not doing their job properly, that professional may be held liable to the patient for thier physical and mental damages.

Wrongful Death: Whether a death occurs due to an auto accident, general negligence or medical malpractice, the result will be the same. The negligent party will be liable to the decedent's estate provided that he or she is less than 51% at fault.

Slip and Falls: A property owner must reasonably inspect his or her premises regularly to ensure that they are free from dangerous conditions. Reasonableness depends on whether the property is commercial or residential. If someone is injured as a result of a property owner's negligence, the property owner will be held liable.

For More Information Check out these sites:

Iowa State Government Website

Iowa State Bar Association