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Your Indianola Personal Injury Attorney
If you are reading this after an accident in Indianola, 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.
This page is general information, not legal advice. NeedAnAttorney.net matches people with attorneys and does not represent anyone. The legal points below come from Iowa’s statutes, and the form at the top of the page is how you reach an attorney.
Questions Worth Asking In Indianola
A short list of questions can sort out who is right for you:
- 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)).
- 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).
- 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 people. Ask who will be in touch with you and how quickly they return calls.
- The money terms. Ask how fees are calculated and which costs come out of a recovery.
Common 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
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). This is a hard moment to decide anything, and an attorney can walk you through the steps without hurrying you.
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When Fault Is Shared
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.
Limits That Can Apply To A Claim
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
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
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.
Court Information for Indianola
Warren County belongs to Judicial District 5, and the Iowa Judicial Branch lists its Clerk of Court in Indianola, at 115 N. Howard Street, Suite 100, Indianola, IA 50125. For Census purposes Indianola is part of Warren County.
Records matter later. Get the complete chart and an itemized bill from each place that treated you, and write down the date of every visit, including any transfer to another facility.
How To Take The First Step In Indianola
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.
Until someone calls, make a simple record: what happened, the date and time, names of anyone who saw it, the treatment you have had, and the days you missed from work. Keep every bill and letter in one place.
Frequently Asked Questions
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).
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.
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).
Which court would hear an injury case from Indianola?
An attorney will tell you which court has jurisdiction in your situation. The state judiciary’s court listing, described above, shows where its local courts are.
What is the Iowa statute of limitations for an injury claim?
Generally two years (Iowa Code 614.1(2)). A minor has one year after reaching the age of majority, and a person with mental illness one year after the disability ends (Iowa Code 614.8).
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).
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.
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