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Your Ankeny Personal Injury Attorney
Getting hurt rarely comes at a convenient time. You may be in pain, missing work and answering calls from an insurance company while trying to learn what you are owed. If your injury in Ankeny was someone else’s doing, start with the basics below and go at your own pace.
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 Ankeny Injury Attorney
Ask these in any first conversation:
- If you were partly to blame. Ask what happens to your award if the jury assigns you a percentage of fault. Damages are diminished in proportion to it (Iowa Code 668.3).
- The date. Ask the attorney to name the exact last day to file in your case. Iowa’s general limit for an injury to the person is two years (Iowa Code 614.1(2)).
- Any ceiling. Ask which limits could apply. A five million dollar limit on noneconomic damages covers some commercial truck cases, and recoverable medical expenses are tied to amounts paid or 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.
- The people. Ask who will be in touch with you and how quickly they return calls.
Common Kinds of Injury Claims
Vehicle crashes
Vehicle injuries start with the same few steps: medical care first, then photographs of the scene, names and numbers of anyone who saw it, the other driver’s insurance information and any estimates for repairs.
Pedestrian and bicycle injuries
Walkers and cyclists hurt by a vehicle should write down the location, the time of day, the lighting and the signals as soon as they can. Witnesses who stopped are valuable, so ask for their contact details before they leave.
Falls and unsafe property
Slips, trips and falls come from spills, uneven surfaces, poor lighting and broken stairs. What matters is who controlled the place and how long the problem was there, so document the hazard and tell the owner or manager promptly.
Wrongful death
If a loved one died because of another person’s wrongful act or omission, a different set of rules applies. 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.
Injured in Ankeny? Get matched with an attorney now.
When Fault Is Shared
If you made a mistake of your own, you may wonder whether you still have a claim. In Iowa you may. Under Iowa Code 668.3, contributory fault does not bar recovery unless the claimant bears a greater percentage of fault than the combined percentage attributed to the defendants, third party defendants and persons who have been released. Any damages allowed are diminished in proportion to the fault attributed to the claimant.
The jury is asked to allocate a percentage of the total fault to each claimant, defendant, third party defendant and released person, considering the nature of each person’s conduct and how closely it was related to the damages (Iowa Code 668.3). A finding of 20 percent on a $90,000 loss would take $18,000 off the award.
Where Iowa Law Limits Damages
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
In Iowa, an action founded on injuries to the person must be brought within two years after the cause of action accrues (Iowa Code 614.1(2)). The type of claim and the defendant can change the date, so ask any attorney to name the last day in your case.
If a city, county or other municipality may be responsible, the action must be commenced within two years after the alleged wrongful death, loss or injury (Iowa Code 670.5). For a claim against the State, the claim has to be made in writing and filed with the director of the department of management within two years after it accrued, or it is forever barred (Iowa Code 669.13).
Coverage Limits Behind a Crash Claim
Minimum insurance is a floor, not a measure of your claim. Iowa’s minimum liability limits for an owner’s policy are $20,000 for one person, $40,000 for two or more people in one accident and $15,000 for property (Iowa Code 321A.21).
If a crash leaves you with more bills than the other driver’s policy pays, your own uninsured and underinsured motorist coverage may matter. Iowa Code 516A.1 requires that coverage in a liability policy delivered in Iowa unless the named insured rejects it in writing. Before accepting a payment, ask an attorney to check every policy that could apply.
The Courthouse for Ankeny
The Iowa Judicial Branch‘s page for Polk County places the Clerk of Court in Des Moines, at 500 Mulberry Street, Room 212, Des Moines, IA 50309, and the county in Judicial District 5. Ankeny lies within Polk County.
Whichever provider treated you, request your complete records and an itemized bill, and keep a list of every appointment. If you were transferred to another hospital, ask for the paperwork from both ends of the transfer.
Making Your First Contact In Ankeny
Use the form at the top of the page to tell us what happened. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Iowa. There is no charge to submit it, and submitting it does not hire anyone.
Meanwhile, jot down the facts while they are fresh: date, time, place, who was there, what care you have had and what work you have missed. Save every bill and every message from an insurer.
Frequently Asked Questions
Does Iowa limit what I can recover in an injury case?
In some situations, yes. Noneconomic damages in certain commercial truck cases are limited to five million dollars per plaintiff (Iowa Code 668.15A), and medical expenses are limited to amounts paid or still necessary to satisfy (Iowa Code 668.14A). An attorney can tell you whether either applies.
How much insurance does the other driver have to have?
An owner’s policy carries limits of $20,000 for bodily injury or death of one person, $40,000 for two or more people in one accident, and $15,000 for property damage (Iowa Code 321A.21).
What should I save for my claim?
Save treatment records and bills, photographs, the report number if there is one, pay stubs that show lost work, estimates for repairs, and every letter or email from an insurance company.
Should I speak with the other driver’s insurance company?
You are free to talk to them, but you are not required to give a recorded statement immediately. Saying that you want advice first is a reasonable answer.
What if a city, county or the State caused my injury?
Yes. An action against a municipality must be commenced within two years (Iowa Code 670.5), and a claim against the State must be filed in writing with the department of management within two years after it accrued (Iowa Code 669.13).
How long will my injury claim take?
There is no fixed time. Claims often wait until you finish treatment so the total losses are known, and cases that go to court take longer than ones that settle.
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).
Can I still recover if the accident was partly my fault?
Yes. Your claim is barred only if your fault is greater than the combined fault of everyone the jury weighs against you, and your award is reduced in proportion to your share (Iowa Code 668.3).
If You Were Hurt Somewhere Else In Iowa
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