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Your Cresco Personal Injury Attorney
If you are reading this after an accident in Cresco, you are probably tired, sore and unsure whom to trust. That is normal. A few rules learned early can keep you from making choices that are hard to undo.
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.
What To Ask Before You Choose An Attorney In Cresco
Whoever you speak to, a few answers tell you a lot:
- 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).
- 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)).
- 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).
- 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
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
If a driver hit you while you were on foot or on a bike, note exactly where it happened, what the signals and lighting were like, and who saw it. Ask the people who stopped to leave their names and numbers.
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
When a death is caused by someone else’s wrongful act or neglect, the claim works differently from an injury claim. 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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
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How Shared Fault Is Counted
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.
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
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
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.
Courts and Hospitals in Cresco
On the state’s list of verified trauma centers, updated September 2025, Cresco is shown with Regional Health Services of Howard County, a Level IV trauma center verified by the state. The Iowa Judicial Branch lists the Clerk of Court for Howard County in Cresco, at 137 North Elm Street, Cresco, IA 52136. The county is in Judicial District 1. The Census Bureau counts Cresco in Howard County.
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.
Your First Step After Getting Hurt In Cresco
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
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.
Do I have to give the other insurer a recorded statement?
Not right away. You may decline a recorded statement until you have talked to someone about your options, and saying so is fine.
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).
Where do injury lawsuits from the Cresco area go?
The court is chosen by the type and size of the case and where the people involved live or the injury happened. Ask your attorney to confirm it; the court listing described above names the local court locations.
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).
Is there a limit on damages for an injury in Iowa?
Iowa law sets a limit of five million dollars per plaintiff on noneconomic damages in cases against the owner or operator of a commercial motor vehicle that requires a commercial driver’s license, with listed exceptions (Iowa Code 668.15A). Recoverable medical expenses are limited to amounts paid or still owed (Iowa Code 668.14A). Ask an attorney whether either rule applies to your case.
Serving Injured Clients Across Iowa
If your injury happened outside Cresco, one of these pages may fit better.
