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Your Burlington Personal Injury Attorney
An injury changes the pace of your days. Medical visits, paperwork and worry about money can crowd out everything else. If you were hurt in Burlington because of another person’s actions, this page explains how Iowa treats injury claims so you can plan your next step.
We match people with attorneys; we do not advise on cases. Treat what follows as a plain language guide to Iowa law drawn from the statutes. When you want to talk to an attorney, the form at the top of this page is the way to start.
Questions Worth Asking In Burlington
Whoever you speak to, a few answers tell you a lot:
- 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)).
- 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).
- 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).
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
Injury Claims People Ask About
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
Falls on someone else’s property usually depend on what the owner knew or should have known about the hazard. Photograph the spot before it changes, report the fall in writing, and keep the shoes you were wearing.
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.
Injured in Burlington? Get matched with an attorney now.
How Shared Fault Is Counted
Iowa compares your fault with the combined fault of everyone else the jury is asked to weigh, not with one defendant at a time. Iowa Code 668.3 bars recovery only when the claimant’s percentage is greater than the combined percentage attributed to the defendants, third party defendants and released persons. Otherwise the award is reduced by your percentage.
How much each defendant owes also turns on the percentages. Under Iowa Code 668.4, the rule of joint and several liability does not apply to a defendant found to bear less than fifty percent of the total fault, and a defendant found to bear fifty percent or more is jointly and severally liable only for economic damages, not for noneconomic damages.
Damage Rules You May Hear About
Medical bills work differently in Iowa than many people expect. In an action for personal injury, the damages for the cost or value of medical care cannot exceed the amounts actually paid by or for the injured person to the providers plus any amounts actually necessary to satisfy charges that have been incurred but not yet satisfied (Iowa Code 668.14A). That rule does not apply to actions governed by Iowa Code 147.136.
A separate rule applies to commercial trucks. Noneconomic damages against the owner or operator of a commercial motor vehicle that requires a commercial driver’s license are limited to five million dollars per plaintiff, with exceptions for the situations the statute lists (Iowa Code 668.15A).
How Long You Have To File
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).
What Auto Policies Must Cover
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.
The Courthouse for Burlington
For Census purposes Burlington is part of Des Moines County. According to the Iowa Judicial Branch, the Clerk of Court for Des Moines County, in Judicial District 8, is in Burlington, at 513 North Main Street, Burlington, IA 52601.
Ask every provider for your full records and an itemized bill, and keep a running list of appointments. A transfer between hospitals leaves two sets of records, so request both.
How To Take The First Step In Burlington
Start with the form at the top. It asks a few questions about the injury. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Iowa. Using it is free, and it does not create an attorney client relationship.
While you wait, write down what happened and when, who saw it, what treatment you have received and how many days of work you missed. Put bills, letters and insurance messages in one folder.
Frequently Asked Questions
Are there special deadlines for claims against the government?
There are. The deadline is two years for an action against a municipality (Iowa Code 670.5) and two years to file a written claim against the State (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).
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.
How much liability coverage must an Iowa driver carry?
The minimums are $20,000 per person, $40,000 per accident and $15,000 for property damage (Iowa Code 321A.21).
What documents should I keep after an injury?
Medical records and bills, photographs, the police or incident report number, pay stubs showing missed work, repair estimates and every letter or email from an insurer.
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.
Serving Injured Clients Across Iowa
People are hurt in every part of Iowa. These pages cover other communities.
