Iowa | FAQs

How long do I have to file a lawsuit after a truck accident injury in Iowa?

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You probably don’t have as long as you think.

Iowa, like other states, limits the amount of time that you have to file a lawsuit in state court after a truck accident. This limitation is not meant to pressure you, but instead it is meant to provide benefits to both you and to the defendant. By acting within a certain amount of time:

  • You have the benefit of getting evidence while is still available and the benefit of making a fair recovery as quickly as possible.
  • The defendant has the benefit of knowing that a claim will be pursued by a date certain or not at all.

While these purposes of statutes of limitations generally apply across the states, each state has its own law that establishes how long you have to act.

In Iowa, You Typically Have Two Years to File an Accident Case

This two-year timeline typically starts running on the date of your truck accident. However, there are some exceptions to the general rule. Specifically, the statute of limitations may be extended if:

  • You did not know (and could not have reasonably known) of your injuries on the date of the accident. In this case, the statute of limitations will start running on the date that you knew or should have known about your injuries.
  • You were under the age of 18 at the time of the accident. The statute of limitations will be two years or until your 19th birthday—whichever gives you more time.
  • You were involved in a crash with a government vehicle. This may shorten the amount of time that you have to take action after a truck wreck.

If you file a lawsuit after the statute of limitations has expired, then you can expect the defendant to file a motion requesting that your case be dismissed and you can expect the court to grant that motion. You will not be able to recover any financial damages in court and the insurance companies will be unwilling to settle your claim with you knowing that you have no legal remedy.

Accordingly, it is important to take action before the statute of limitation prohibits you from doing so. For more information about how to do that and about how an Iowa truck accident case works, you need to speak with an experienced lawyer as soon as possible. Contact us online or call us directly at 800.800.5678 today for a free case evaluation.

Jason F. Abraham
Managing Partner, Hupy and Abraham