Statues of Limitation
How Long Do I Have To File A Lawsuit?
Iowa law limits the time within which lawsuits can be filed to obtain compensation for injuries sustained through statues of limitations, also known as limitation of actions. Limitations also exist for the period of time in which an adult can file to receive compensation for an accident that occured when they were a child.
failure to file within time limit
If an injured party fails to file a lawsuit within the time period specified, the lawsuit is completely barred and the injured party will likely be completely precluded from being compensated for their injuries. The following time periods outline the general time restrictions imposed in Iowa for specific causes of action that may be filed on an injured parties behalf:
statute of limitations on defamation or slander
Injuries to Person or Reputation (defamation and slander) – two years (this includes actions for injuries sustained in car accidents as well as injuries sustained as a result of the intentional actions of another and is the most common limitation period).
statutes of limitations on defective products
Injuries Caused by Defective Products- the suit must be filed within two years of the injury but in no event can it be brought more than 15 years after the product was first purchased, leased, or installed.
statutes of limitation on children
Injuries To Children - a lawsuit for injuries sustained by a child under the age of 18 years must be brought within one year of the child attaining the age of 18.
statutes of limitation on malpractice
Malpractice Resulting from Patient Care – two years from which the injury became apparent (this includes physician, surgeon, osteopath, dentist, podiatrist, optometrist, pharmacist, chiropractor, physician’s assistant, nurse, or hospital). However, a claim is completely barred from being brought more than six years following the act that caused the injury, regardless of its discovery.
statutes of limitations on contracts
Written Contract – ten years from the date the written contract was breached.
Unwritten Contracts; Fraud; Injuries to Property; Legal Malpractice- five years from the date the unwritten contract was breached.
statutes of limitations on offenses
Sexual Abuse or Exploitation by a Counselor or Therapist – five years from the date the victim was last treated by the counselor or therapist.
Civil Rights Violations – 180 days after the discriminatory act occurred.
Sexual Abuse – an action for damages suffered as a result of sexual abuse which occurred when the injured person was a child, but not discovered until after the injured person is of the age of majority must be brought within four years of the discovery by the injured party of both the injury and the causal relationship between the injury and sexual abuse.
Dram Shop (i.e. actions against an establishment selling liquor or alcohol for injuries caused by a person who was “over served” by that establishment) – written notice must be given to the establishment within six months of the injury and a law suit must be filed within two years of that injury.
statute of limitations on worker's compensation
Worker’s Compensation – two years from the date of the injury or if weekly worker’s compensation benefits are paid, three years from the date of the last payment of those benefits.
statute of limitations on injury by government
Actions Against City, County, Township, School District, or Any Other Unit of Local Government – six months unless the injured party provides notice to the government entity stating the time, place, and circumstances of the injury, then the period is extended until two years following the injury.
statutes of limitations on injury by utility
Telephone Company – a written claim must be submitted to the telephone company within 60 days from the time the cause of action accrues for injuries sustained as a result of erroneous transmission of a message, or by unreasonable delay in delivery of a message.
This in not an exhaustive list and Iowa law may impose other limitations based upon the specific legal claim a party has. It would be in the best interest of the injured party or someone on their behalf to contact an attorney at Gourley, Rehkemper, and Lindholm PLC as soon as the injury has becomes apparent to ensure that a statute of limitations does not bar a lawsuit by the injured party.
Trial Lawyers At Gourley, Rehkemper & Lindholm
At GRL Law, we stand ready to act with urgency and accuracy to preserve your rights to a claim under Iowa laws. Absent quick and accurate legal action, a claim that would have otherwise been readily paid out - even at the policy limits - can be forever barred. All you need do is call us.
Gourley, Rehkemper & Lindholm's attorneys are available on call at 1-800-GRL LAWS (1-800-475-5297) 24 hours a day for emergency situations.
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