Iowa Personal Injury Laws

The statute of limitations does not begin running until the plaintiff discovers or, through reasonable diligence, should have discovered the injury. Commonly applied in latent injury cases.

The statute is tolled during minority. A minor has 1 year after reaching age 18 to file suit. Does NOT apply to medical malpractice claims.

Wrongful death claims must be filed within 2 years of the date of death, which is the same as the general personal injury period.

Product liability actions cannot be commenced more than 15 years after the product was first purchased, leased, or installed for use. If the defect is discovered within 1 year of the repose deadline, the period extends by 1 year.

Iowa does not cap compensatory (economic) damages in general personal injury cases.

Iowa does not cap non-economic damages in general personal injury cases. Caps exist only for medical malpractice and dram shop claims.

Punitive damages require clear, convincing evidence of willful and wanton disregard. If the conduct was NOT directed specifically at the claimant, only 25% goes to the plaintiff; 75% goes to the state civil reparations trust fund. If the conduct WAS directed at the claimant, or the claim is against a healthcare provider or involves a commercial motor vehicle, the full amount goes to the plaintiff.

Joint and several liability does NOT apply to defendants bearing less than 50% of total fault. A defendant at 50% or more fault is jointly and severally liable for economic damages only — never for non-economic damages.

Licensed alcohol vendors can be held liable for injuries caused by intoxicated persons they served. Non-economic damages are capped at $250,000 unless the jury finds substantial or permanent impairment, disfigurement, or death. No social host liability in Iowa.