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Your Eagle Grove Personal Injury Attorney
If you are reading this after an accident in Eagle Grove, 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.
NeedAnAttorney.net is a matching service. It does not give legal advice about your case. What follows is general information about Iowa injury law, taken from the text of the statutes, so you know which questions to ask. The form at the top of the page connects you with an attorney when you are ready.
Before You Hire: Questions For An Eagle Grove Attorney
Whoever you speak to, a few answers tell you a lot:
- 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)).
- 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
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
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 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). It is a heavy time to make decisions, and an attorney can explain the process at your pace.
Injured in Eagle Grove? Get matched with an attorney now.
If You Were Partly At Fault
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.
What Auto Policies Must Cover
Iowa requires a driver to have financial liability coverage in effect for the vehicle and to carry proof of it (Iowa Code 321.20B). Under Iowa Code 321A.21, an owner’s policy carries limits of $20,000 for bodily injury or death of one person in an accident, $40,000 for two or more people, and $15,000 for injury to or destruction of the property of others. Those are minimums, and a serious injury can cost much more.
Your own policy matters too. Iowa Code 516A.1 says a liability policy delivered in Iowa must include uninsured, hit and run and underinsured motor vehicle coverage with limits at least equal to those figures, unless the named insured rejects the coverage in a signed written rejection.
The Court Listed for Eagle Grove
Look up Wright County on the Iowa Judicial Branch‘s county pages: the Clerk of Court for the county, in Judicial District 2, is in Clarion, at 115 North Main Street, Clarion, IA 50525. For Census purposes Eagle Grove is part of Wright 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.
Taking The First Step From Eagle Grove
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
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 does an injury settlement take?
It varies with the injury and the insurer. Many claims wait until treatment has finished so the full cost is known, which can take months, and a lawsuit takes longer.
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).
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.
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.
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.
Help Elsewhere in Iowa
People are hurt in every part of Iowa. These pages cover other communities.
