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Be Warned: Injured Individuals in Iowa Have Limited Time To File a Lawsuit!

InjuryComp

When one person’s negligence, recklessness, or wrongful act causes injury to another person that injured individual generally has the option of filing a personal injury lawsuit against the person who harmed them in order to recoup their losses. However, personal injury plaintiffs (i.e. injured individuals who are suing) in Iowa should not wait too long to file their lawsuit or else their claim may be barred by Iowa’s personal injury statute of limitations.

Iowa’s Personal Injury Statute of Limitations

A statute of limitations is a law that bars a particular type of legal claim from being filed after a certain amount of time has passed. When it comes to personal injury claims, each state has their own statute of limitations that dictates how long an injury party has to either file a claim or else forfeit their right to do so. Iowa’s personal injury statute of limitations, contained in Iowa Code section 614.1(2), states that claims founded on injuries to the person must be brought within two years. Therefore, an individual injured in Iowa must generally file their claim within two years of the date on which they were injured, or else their claim may be barred by our state’s statute of limitations.

Exceptions to the General Rule

Iowa’s statute of limitations may initially seem fairly straightforward but it does get a bit more complicated as our state embraces several exceptions to the general rule. For example, most personal injury plaintiffs in Iowa have two years from the day on which they were injured within which to file their claim, but what if the plaintiff suffers a hidden injury that is not immediately apparent? As it wouldn’t be fair to these injured individuals to let the clock start running on the day that they were injured, the “discovery rule” dictates that the statute of limitations clock for an individual with a hidden injury starts to run on the date on which the injured person knew, or by exercising reasonable diligence should have known, that they were injured. Additionally, Iowa’s statute of limitations clock may be tolled for a period of time if any of the following situations are present:

  • If the injured party is a minor (aka is less than 18 years old),
  • The injured party is mentally impaired, or
  • The injured party leaves the state as part of their military service.

Please note that courts in Iowa have also recognized other exceptions to our state’s personal injury statute of limitations, but each exception is very narrow and should not be relied upon if at all possible. If you have a personal injury case don’t sit on it, get your claim filed as soon as you can.

Reach Out to Us for Help Today

If you’re interested in filing a personal injury claim in Iowa make sure to act quickly in order to best avoid having your claim barred by our state’s statute of limitations. Here at the Noyes Law Office P.C. our experienced personal injury attorneys are here to help. We would be happy to review your case during a free no obligation consultation, determine how much time is likely left on your statute of limitations clock, and advise you on your legal options. To schedule your initial consultation contact our Fairfield office at (641) 472-3236.

Resource:

coolice.legis.iowa.gov/Cool-ICE/default.asp?category=billinfo&service=IowaCode&ga=82&input=614.1

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