Instantly Connect For Your Personal Injury Consultation When Filling Out Form
Your Urbandale 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 Urbandale because of another person’s actions, this page explains how Iowa treats injury claims so you can plan your next step.
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.
What To Ask Before You Choose An Attorney In Urbandale
A short list of questions can sort out who is right for you:
- 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).
- 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).
- Who will work on it. Ask who handles your file day to day and how fast messages are answered.
- Fees and costs. Ask what the fee is, when it is paid, and which expenses are deducted from a settlement.
Kinds of Injury Claims
Vehicle crashes
After a crash, see a doctor even if you feel fine, since some injuries show up later. Take photographs of the cars, the road and any injuries, get the other driver’s insurance details, and save every repair estimate.
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
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). 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 Urbandale? Get matched with an attorney now.
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.
Damage Rules You May Hear About
Punitive damages are separate from the damages that compensate you. Under Iowa Code 668A.1, the jury must find, by a preponderance of clear, convincing and satisfactory evidence, that the defendant’s conduct constituted willful and wanton disregard for the rights or safety of another before any punitive award is made. Compensation for your bills, lost income and pain is not subject to that test.
Two other rules shape the number. Recoverable medical expenses are measured by what was paid or is still owed (Iowa Code 668.14A), and noneconomic damages against a commercial truck owner or operator are limited to five million dollars per plaintiff in the cases the statute covers (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).
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.
Hospital Care in Urbandale
The Census Bureau lists Urbandale in more than one county: Dallas County and Polk County. For Dallas County, the Iowa Judicial Branch’s county page lists the Clerk of Court in Adel, at 801 Court Street, Adel, IA 50003, in Judicial District 5. For Polk County, the Iowa Judicial Branch’s county page lists the Clerk of Court in Des Moines, at 500 Mulberry Street, Room 212, Des Moines, IA 50309, in Judicial District 5.
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.
Taking The First Step From Urbandale
Fill in the form at the top of this page. NeedAnAttorney.net reviews your details and works to match you with an attorney in our network who may handle cases in Iowa. The form is free to use, and sending it does not mean you have hired anyone.
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
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).
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 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.
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.
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).
Does it matter if my attorney knows the Urbandale area?
Local knowledge can help with scheduling, courts and medical providers. The form on this page connects you with an attorney who takes cases near Urbandale.
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).
Serving Injured Clients Across Iowa
People are hurt in every part of Iowa. These pages cover other communities.
