Iowa Personal Injury Law Overview

Personal injury is a very broad area of law that encompasses cases that have to do with injury resulting from medical malpractice, defective products, vehicle accidents and premises liability issues. Personal injury cases can also deal with financial injury as in identity theft and emotional identity as with defamation of character complaints.

In Iowa, if you are the victim in a personal injury case and you win, you may collect compensation for:

• Past and future medical expenses
• Lost wages
• Lost earning capacity
• Disability
• Disfigurement
• Emotional distress
• Interference with you family relationships
• Property damage, including damage to your vehicle in an auto accident
• Other expenses caused by your injury

Punitive damages are those damages awarded to the plaintiff to "punish" the defendant. Like many other states, in Iowa, punitive damages are awarded only if you can prove the responsible party acted in willful and wanton disregard of the safety of others.

Negligence

Iowa law follows the doctrine of "modified comparative negligence," which means that even if you were partly responsible for your injuries, you may still collect monetary damages from other responsible parties. But you must be less than 50% responsible for your injuries to collect from others. In Iowa, the following three elements must be present in order to prove negligence:

• The person who caused your injuries owed you a duty
• The person failed to uphold their duty, causing your injuries
• You suffered damages

Liability

Iowa law also follows the doctrine of "joint and several liability" which states that each responsible party must pay his share of the damages. But if one party cannot pay, the other parties can be held responsible for the full amount of damages awarded.

Statute of limitations

Every single state has time limits, or statutes of limitations, for filing a personal injury lawsuit. In Iowa, for most personal injury claims, the statute of limitations is two years; however, this can vary in special circumstances.

If you live in Iowa and feel you may have a valid personal injury claim, then please contact an experienced Iowa personal injury lawyer in your area today to schedule a confidential consultation.