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Frequently Asked Questions
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Statute of Limitations
IOWA

Negligence / Personal Injury

2 Years2 Years with Discovery Rule

Products Liability

2 Years2 years (REGARDLESS OF THE AGE OF THE INJURED PARTY)

Wrongful Death

2 Years2 Years with Discovery Rule

Medical Malpractice

2 years with maximum discovery rule of 6 years from occurrence. SOL applies to minors 8 and older. A minor under 8 has until 10th birthday to file suit. Mentally ill: 1 year from end of disability.

Discovery Rule

SOL runs from date injury is, or should have been discovered.

Disabilities

1 Year1 year from removal of disability to commence action. Infants (18th birthday).

Municipalities

2 Years2 years for claims against state, requires written notice to State Appeal Board within those 2 years.

Sovereign Immunity

Suits against state of Iowa not barred, but notice of claim must be given in two years.

Comparative Negligence

Plaintiff cannot recover damages if they are 51% or more responsible and damage is diminished by plaintiff’s percent of fault.

Punitive Damages

Clear and convincing evidence that defendant acted with willful or wanton conduct.
Caps: None

Consumer Fraud Complaint

Iowa Office of the Attorney General, Consumer Protection
(515)281-5164Caps: None

Glossary of Terms
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Beverly Hills, California 90212
Phone (800)480-5291