Victims of auto accidents, medical negligence, truck collisions, and even incidents involving defective products are all subjected to filing an injury claim against the liable party within a specific timeframe, which we refer to as the statute of limitations. What is statute of limitations? In each state, there are laws that stipulate how long a victim of an accident caused by negligence has to file suit against the liable party. The reason these laws exist is to help prevent individuals from bringing a claim against a party where “disputes have become stale, evidence has been lost, memories have faded, or witnesses have disappeared” [Source: Britannica].
Now, the type of accident you were involved in will determine how long you have to file a claim. Some of the most common types of injury lawsuits that are filed in the state of Iowa are for medical malpractice, car crashes, and product liability cases. Therefore, below you will find what the statute of limitations are for each type of claim in the event you suffered an injury as a result of either type of incident.
What is the statute of limitations for filing a claim for medical malpractice?
When a doctor, nurse, surgeon, dentist, or another type of health care professional fails to provide you with the standard level of care and makes a mistake which results in you suffering from an injury, illness, or other serious medical condition, they can be held liable for their negligence. Although you will need to gather proof that the physician did, in fact, make a mistake, you are permitted to file a claim against them and/or the facility in which they are employed with. According to Iowa Code § 614.1(9)(a), you have two years after the date you knew, or “through the use of reasonable diligence should have known, or received notice in writing of the existence of the injury for which damages are sought in the action, whichever of the dates occurs first,” to file a medical malpractice lawsuit.
However, you are not permitted to file a claim after six years has passed after the date on which the act or omission occurred.
How long do I have after a car collision to file an injury claim against the at-fault driver?
Many car accident victims will often hire an Iowa car crash lawyer after engaging in a collision in an effort to collect compensation for the various damages they suffered. Generally, insurance companies won’t provide victims with enough to cover the medical expenses, property damage, lost wages, etc. which is why many elect to file suit instead. Now, in order to file a claim within the state’s statute of limitations, you must file it within two years from the date of the injury [Source: Iowa Code § 614.1(2)].
If I was injured by a defective product I purchased, what is the timeframe I have to file suit?
If you or someone you know suffered an injury after purchasing a defective product, you may have a viable claim against the assembler, designer, manufacturer, or all parties if you can prove their negligence contributed to you sustaining an injury. In the state of Iowa, you have two years from the date of your injury to file a product liability lawsuit [Source: Iowa Code § 614.1(2)(a)].
Now, given that the clock begins ticking right after you suffered an injury or discovered that you sustained one, regardless of the type of accident you were involved in, it is essential that you hire an Iowa personal injury lawyer immediately who can ensure your claim is filed within the specified timeframe and that it is done so correctly. The Iowa personal injury attorneys at Eells & Tronvold, P.L.C. will not only help you get your claim filed within the timeframes stated above, but they will assure it is for the maximum amount of compensation you are entitled to receive.
You can reach Eells & Tronvold Law Offices, P.L.C. at:
1921 51st Street NE
Cedar Rapids, IA 52402
Phone: (319) 393-1020
Fax: (319) 393-4000