If you have been injured in Iowa, understanding the statute of limitations for personal injury claims is crucial. This legal time limit can significantly impact your ability to seek justice and compensation for your injuries.
Did you know that employers reported 35,500 nonfatal workplace injuries and illnesses in Iowa during 2022? Personal injury accidents are unfortunately common in both the workplace and public settings. The cases range from minor injuries to severe injuries, which require a high compensation amount. You need to file your personal injury claim within the statute of limitations to seek compensation.
Let’s take a look at what “statute of limitations” means and how it affects your personal injury claim in Iowa.
What Is a Statute of Limitations?
A statute of limitations is a legal time limit that determines how long you have to file a lawsuit after an injury occurs. This law exists to ensure that legal matters are addressed promptly while evidence is still fresh and reliable.
Once this period expires, you generally lose your right to file a lawsuit and seek compensation for your injuries. In Iowa, these time limits are strictly enforced by the courts. This makes it essential to consult an experienced personal injury attorney as soon as possible after your injury.
Iowa’s Statute of Limitations for Personal Injury Claims
In Iowa, the statute of limitations for most personal injury claims is 2 years from the date of the injury.
This time limit applies to a wide range of cases, including:
- Car accidents
- Slip-and-fall incidents
- Defective product incidents
However, there are some exceptions to this rule, which we will discuss later in this article.
When Does the Clock Start Ticking?
The 2-year period for filing a personal injury claim in Iowa usually begins on the date of your injury. However, there are situations where the start date might be different. For example, you might not realize you have been injured right away. In this instance, the “discovery rule” may apply.
This rule states that the statute of limitations doesn’t begin until you knew or reasonably should have known about your injury. For example, in Iowa, the discovery rule applies in the following two scenarios: premises liability and product liability. You must file a claim within 15 years of purchasing, leasing, or installing a product unless the manufacturer specifies a longer warranty period to pursue a product liability case.
Premises liability claims must be filed within 8 years of the incident related to improvements made to real property.
Common Personal Injury Cases in Iowa
Let’s look at some common types of personal injury cases in Iowa and how the statute of limitations applies to them.
Car accidents
Car accidents are one of the most common personal injury cases in the state. Car accident injury claims must be filed within 2 years of the accident. While you have 5 years to file a claim for property damage, like vehicle repairs, it is usually best to address all parts of your case at once. This way, you can avoid complications down the road and ensure a smoother process.
Slip-and-fall accidents
Slip and fall cases, often called premises liability cases, are also frequent in Iowa. This personal injury case follows the 2-year rule as well. If you slip and fall, it is important to document the unsafe conditions immediately. Property owners might fix these hazards quickly, so having evidence of what caused your fall can help your claim.
Dog bites
Iowa has specific laws regarding dog bites, following a “strict liability” rule. This means that dog owners are generally responsible for injuries caused by their dogs, even if they were not aware of any issues previously. Just like other personal injury cases, knowing the filing deadlines is essential to ensure you can pursue your claim.
Exceptions to the Two-Year Rule
While the two-year statute of limitations is the general rule for personal injury claims in Iowa, there are several important exceptions you should be aware of.
Claims against the government
If your claim is against a government entity or employee, you should follow the general two-year rule. However, it is important to be aware of other deadlines throughout the process.
Iowa law does not specify a strict time frame for submitting a claim against the state in Iowa Code § 669.5. However, a claim must be made in writing to the Department of Management. If the Attorney General does not resolve the claim within 6 months, the claimant can withdraw the claim and initiate a lawsuit.
Cases involving minors
What if the injured person is under 18? He or she has 1 year after turning 18 to file. This means that a minor has until his or her 19th birthday to file a personal injury lawsuit in Iowa. However, there are exceptions to this rule, particularly in medical malpractice cases.
Medical malpractice cases
Medical malpractice cases generally follow the 2-year rule, but there is an important caveat. In Iowa, you have either 2 years from the date you knew (or should have known) about the injury, or 6 years from the date of the incident to file a claim – whichever comes first. This is known as a “statute of repose” and acts as an absolute deadline, regardless of when the injury was discovered.
Wrongful death cases
In wrongful death claims, the statute of limitations is 2 years from the date of death, not the date of the injury that led to the death. This timeline helps ensure that claims are made while the evidence is still fresh and relevant.
However, there is a hard limit – no legal action can be taken more than 6 years after the act or omission that caused the injury or death. This rule is in place to prevent cases from dragging on indefinitely.
The only exception is if a foreign object is unintentionally left in someone’s body. In that situation, the 6-year limit does not apply. This allows a claim to be filed no matter how much time has passed since the incident.
Why the Statute of Limitations Matters
Understanding and observing the statute of limitations is crucial for several reasons.
Pay close attention to these time limits because of:
- Meeting legal deadlines can make or break your case: If you file your personal injury claim after the statute of limitations has expired, the court will likely dismiss your case. This means you could lose your right to compensation, even if you have a strong claim.
- Delaying legal action can lead to loss of evidence: The sooner you start your case, the easier it is to gather and preserve crucial evidence. Over time, physical evidence can be lost or destroyed, and witnesses’ memories can fade.
- Filing on time gives you peace of mind: Taking legal action within the proper time frame can provide peace of mind during a stressful time. You will know that you have done everything possible to protect your rights and seek the compensation you deserve.
Don’t Wait – Contact Hauptman, O’Brien, Wolf & Lathrop, P.C. Today
If you have been injured due to someone else’s negligence in Iowa, don’t let time slip away. The statute of limitations clock is ticking, and your right to compensation could be at risk.
Contact Hauptman, O’Brien, Wolf & Lathrop, P.C. today for a free case review. Our Council Bluffs personal injury attorneys can help you understand your rights, the time limits that apply to your case, and the best path forward.
Remember, reaching out to us is always free, and there’s no obligation. We are here to help you make informed decisions about your legal options, so don’t let the statute of limitations rob you of your right to seek justice. Contact us now, and let’s work together to protect your future.
