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Iowa Statute of Limitations for Personal Injury Claims
If you’ve been hurt in an accident in Iowa, it’s important to understand that your right to file a personal injury claim isn’t open-ended.
Iowa has specific laws that set a time limit, known as the “statute of limitations,” for filing these types of lawsuits. Understanding this time frame is critical because if you miss the deadline, your ability to pursue compensation for your injuries may disappear.
What Is a Statute of Limitations?
The statute of limitations is a countdown timer set by state law that determines how long you have to file a lawsuit after an injury. The statute of limitations promotes fairness by ensuring that legal disputes are resolved while evidence remains available and witnesses’ memories are reliable. It provides a specific timeframe for the injured party to file a lawsuit and seek compensation for their damages.
Depending on the type of claim, this clock starts either at the time of the injury or when the injury is discovered. If you miss the deadline, your claim will likely be dismissed, leaving you without legal recourse to seek compensation.
Iowa Statute of Limitations
For most personal injury cases in Iowa, the statute of limitations is two years. This means that, in most cases, you have two years to file a lawsuit in civil court. The two-year period applies to claims stemming from:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Dog bites
- Workplace accidents
- Other incidents where someone else’s negligence caused your injury
Once two years have passed since the date of the accident, your ability to file a lawsuit and seek compensation typically vanishes. For example, if you were injured in a car accident on March 1, 2024, you would have until March 1, 2026, to file your claim. Filing after this date would likely result in the court throwing your case out.
Exceptions to the Rule
While the two-year statute of limitations applies to most personal injury claims in Iowa, some exceptions might extend or shorten this deadline.
The Discovery Rule
Sometimes, injuries aren’t immediately apparent. For instance, in medical malpractice cases, you may not realize you’ve been harmed until months or even years after the incident. In these situations, Iowa’s discovery rule might apply.
The discovery rule permits the statute of limitations clock to start when the injury is discovered or should reasonably have been discovered instead of when the harm occurred. For example, if you underwent surgery in 2022 and didn’t discover that a surgical tool was left inside your body until 2024, the statute of limitations would begin in 2024, giving you two years from the discovery date to file a lawsuit.
However, even with the discovery rule, there’s often an overall limit called the statute of repose, which typically caps the time for filing a claim at six years in medical malpractice cases.
Minors and Incapacitated Persons
The statute of limitations is extended if the injured person is a minor or legally incapacitated. The two-year clock doesn’t start ticking for minors until they turn 18. For example, if a child is injured in a car accident at age 15, they would have until their 25th birthday to file a personal injury lawsuit.
For people who are legally incapacitated due to mental illness or other disabilities, the statute of limitations may be paused until they regain capacity. However, this can vary with different cases.
Claims Against the Government
The rules are different if your injury claim is against a government entity. In Iowa, personal injury claims against the state or local government are governed by special notice requirements. In many cases, you must file a formal claim with the government entity within six months of the injury. Failing to meet this shorter deadline can prevent you from pursuing compensation, even if the general two-year statute of limitations hasn’t passed.
Wrongful Death Claims
In Iowa, wrongful death claims, lawsuits filed when another party’s negligence causes someone’s death, also follow a two-year statute of limitations. However, the clock starts running from the date of death, not the date of the injury that caused the death. If someone is injured in an accident but dies from those injuries weeks or months later, the statute of limitations for filing a wrongful death claim begins on the date they passed away.
Why Is the Statute of Limitations So Important?
If you’ve suffered an injury, the last thing you want to deal with is a mountain of legal deadlines. However, waiting too long to pursue your claim can be costly. The statute of limitations is crucial for several reasons.
- Preservation of Evidence: As time passes, evidence can disappear, memories can fade, and witnesses can become more challenging to track down. The statute of limitations ensures that lawsuits are filed while the evidence is fresh.
- Finality and Closure: The statute of limitations helps bring some finality for the injured party and the defendant. It prevents legal claims from hanging over someone’s head indefinitely.
- Legal Strategy: The statute of limitations gives you and your attorney a clear timeline to develop a strategy. Knowing you only have a limited time can prompt you to act decisively by gathering evidence and building your case before it’s too late.
Injured in Iowa? Don’t Let Time Run Out on Your Claim!
When an accident leaves you injured, you deserve compensation. But you only have two years to file a personal injury claim in Iowa. Miss the deadline, and you may lose your chance to recover what you’re owed. At Cornell Injury Law, we ensure that doesn’t happen. Our experienced team will fight for you—handling every detail while you focus on recovery. Call Cornell Injury Law at 319-946-4019 for a free consultation.
