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Your Adair Personal Injury Attorney
Nobody plans for the call that follows an accident. Whether you were hurt in a crash, a fall or something else in Adair, the weeks afterward bring decisions that feel bigger than they should. Here is what Iowa law says, in plain terms, so you can ask better questions.
A quick note on what this page is: general information about Iowa injury law, written from the statutes, from a matching service that does not practice law. It is meant to help you ask good questions, not to decide your case.
Questions To Ask An Adair Injury Attorney
Bring these to your first call, whoever it is with:
- The deadline. Ask for the specific last day to file. Actions founded on injuries to the person must be brought within two years after the cause of action accrues (Iowa Code 614.1(2)).
- Your share of fault. Ask how a finding that you were partly at fault would change the numbers. In Iowa your own fault bars a claim only if it is greater than the combined fault of the defendants, third party defendants and released persons (Iowa Code 668.3).
- Limits on damages. Ask whether any limit applies to your claim. Iowa limits noneconomic damages in some commercial truck cases, and the medical expenses you can recover are measured by what was paid or is still owed (Iowa Code 668.15A, Iowa Code 668.14A).
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Kinds of Injury Claims
Vehicle crashes
Whether the collision was minor or serious, the same early steps help: get checked by a doctor, photograph the vehicles and the scene, exchange insurance information and keep any repair estimates.
Pedestrian and bicycle injuries
A collision on foot or on a bicycle is easy to dispute afterward. Record where it happened, what the road and signals were like, and who saw it, and keep any damaged clothing, helmet or equipment.
Falls and unsafe property
Wet floors, icy steps and broken railings cause injuries that turn on how long the hazard existed and who was responsible for it. Photograph the hazard as soon as you can and report the fall to whoever runs the property.
Wrongful death
If someone you love died because another person was careless or at fault, the law treats it separately. Iowa law treats money recovered for a wrongful death as property of the deceased person’s estate, except that damages for the loss of services and support of a deceased spouse, parent or child are apportioned by the court among the surviving spouse, children and parents (Iowa Code 633.336). You do not have to sort this out alone or quickly; an attorney can explain who is allowed to act and what the dates are.
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How Shared Fault Is Counted
Shared blame is common in injury cases, and Iowa has a rule for it. A claim is barred only if the claimant’s fault is greater than the combined fault of the defendants, third party defendants and released persons. Below that point the damages are diminished in proportion to the claimant’s fault (Iowa Code 668.3).
The percentages also decide who pays what. Under Iowa Code 668.4, a defendant below fifty percent of the total fault is not jointly and severally liable, and a defendant at fifty percent or more is jointly and severally liable for economic damages only. Ask an attorney how that could play out when more than one person was at fault.
Limits That Can Apply To A Claim
Iowa law sets a dollar limit on noneconomic damages in one situation that matters to many crash victims: a case against the owner or operator of a commercial motor vehicle that requires a commercial driver’s license. The total recoverable per plaintiff is five million dollars (Iowa Code 668.15A). The court does not apply the limit if it finds that the negligent act involved something the statute lists, such as an alcohol concentration of .04 or more, driving under the influence of a drug, reckless driving, use of an electronic device while driving, or speeding fifteen miles per hour or more over the limit.
The limit does not apply to a vehicle that does not require a commercial driver’s license or to passenger carriers such as school buses (Iowa Code 668.15A).
Time Limits To Know
The standard Iowa deadline is two years for injuries to the person (Iowa Code 614.1(2)). Claims against government have their own rules. An action against a municipality must be commenced within two years after the injury (Iowa Code 670.5), and a claim against the State must be filed in writing with the department of management within two years (Iowa Code 669.13). If the time to sue would otherwise run out, it is extended six months from the date the attorney general mails notice of the final decision on the claim.
Because a government claim can run on a separate track, ask early which rule fits your facts.
Coverage Limits Behind a Crash Claim
The other driver’s policy may be smaller than your bills. In Iowa, an owner’s motor vehicle liability policy carries limits of $20,000 per person and $40,000 per accident for bodily injury or death, and $15,000 for property damage (Iowa Code 321A.21), and a driver must have coverage in effect and carry proof of it (Iowa Code 321.20B).
When the losses are larger, look at your own coverage. Under Iowa Code 516A.1, policies must include uninsured and underinsured motorist protection at limits at least equal to those figures unless the named insured rejected it in writing. Ask your attorney to look at every policy that could apply.
Hospital Care in Adair
The Census Bureau lists Adair in more than one county: Adair County and Guthrie County. For Adair County, the Iowa Judicial Branch’s county page lists the Clerk of Court in Greenfield, at 400 Public Square, Suite 7, Greenfield, IA 50849, in Judicial District 5. For Guthrie County, the Iowa Judicial Branch’s county page lists the Clerk of Court in Guthrie Center, at 200 North 5th Street, Guthrie Center, IA 50115, in Judicial District 5.
Keep copies of everything the hospital or clinic gives you, ask for an itemized bill, and note each appointment as it happens. If you moved between facilities, collect the records from each one.
How To Begin Your Adair Claim
The form at the top of this page is the starting point. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Iowa. It costs nothing to use and does not commit you to anything.
Before the first call, collect the basics: the date, the place, names of witnesses, your medical visits and your missed work. A single folder for bills, letters and photographs saves time later.
Frequently Asked Questions
How long do I have to file an injury lawsuit in Iowa?
For most injury claims, two years after the cause of action accrues (Iowa Code 614.1(2)). A claim against the State must be filed in writing with the department of management within two years (Iowa Code 669.13).
If I was partly responsible, can I still recover something?
Yes, unless your fault is greater than the combined fault of the defendants, third party defendants and released persons. Your damages are then diminished in proportion to your fault (Iowa Code 668.3).
Are there caps on damages in Iowa?
It depends on the claim. Iowa Code 668.15A limits noneconomic damages against the owner or operator of a commercial truck that requires a commercial driver’s license, and Iowa Code 668.14A ties medical expense damages to amounts paid or owed.
What are Iowa’s minimum auto insurance limits?
At least $20,000 per person and $40,000 per accident for bodily injury or death, and $15,000 for property damage (Iowa Code 321A.21).
Which records matter most after an accident?
Keep your medical records and itemized bills, photographs of the scene and injuries, any police or incident report number, proof of missed pay, repair estimates, and all messages from insurers.
Can I talk to the other side’s insurance company?
You can, but you do not have to give a recorded statement right away. It is fair to say you are getting advice first.
Is a claim against the government different in Iowa?
It is. A municipality must be sued within two years after the injury (Iowa Code 670.5), and a State claim must be filed with the department of management within two years (Iowa Code 669.13).
What should I do right after being hurt?
Get medical care, report the incident to the police or the property owner as appropriate, photograph the scene and your injuries, and write down what happened while you remember it.
Help Elsewhere in Iowa
If your injury happened outside Adair, one of these pages may fit better.
