Emmet County 18-Wheeler Accident Attorneys: Your Fight Starts Here
The combine harvester was crossing US-71 just south of Estherville when the grain truck came over the hill. No warning. No time to stop. In an instant, your family’s sedan was crushed between 80,000 pounds of steel and the guardrail. Now you’re staring down a future filled with surgeries, physical therapy, and bills that keep mounting while the trucking company’s insurance adjuster keeps calling.
You’re not alone. At Attorney911, we’ve spent over 25 years fighting for rural Iowa families devastated by commercial truck accidents. Ralph Manginello, our managing partner, has recovered multi-million dollar settlements for victims just like you—from the $5 million traumatic brain injury settlement for a logging accident victim to the $3.8 million amputation recovery for a client injured in a car crash. We know the specific dangers lurking on Emmet County’s highways: the agricultural trucks hauling grain from the elevators in Armstrong, the livestock transports barreling down US-71 toward the processing plants, and the brutal winter conditions that turn Iowa’s rural roads into deathtraps for big rigs.
If you’ve been injured in an 18-wheeler accident in Emmet County, you need more than a personal injury lawyer. You need a team that understands federal trucking regulations, the complexities of agricultural transport liability, and how to fight the insurance companies who are already working to minimize your claim.
Why Emmet County’s Highways Are Particularly Dangerous for Truck Accidents
Emmet County sits at the crossroads of Iowa’s agricultural heartland and major freight corridors. While we don’t have an Interstate running directly through the county seat of Estherville, we’re surrounded by some of Iowa’s busiest trucking routes—and our local roads see more than their share of commercial traffic.
The Agricultural Factor
Emmet County is farming country. When harvest season hits, the number of commercial vehicles on our rural roads triples. Grain trucks hauling corn and soybeans from the Cooperative Elevator in Armstrong to the processors in Mason City or Albert Lea share narrow county highways with passenger vehicles. Livestock transports move pigs and cattle from farms to market. These aren’t just big trucks—they’re often overloaded, driven by operators focused on beating weather windows rather than safety regulations.
The physics are brutal. A fully loaded grain truck can weigh 80,000 pounds. Your average sedan weighs 3,500 pounds. That’s not a collision—that’s annihilation. We’ve seen the aftermath on Iowa Highway 9 near the Minnesota border, where a semi drifted across the centerline. We’ve investigated rollovers on US-71 where drivers took curves too fast, spilling their loads across the roadway.
Rural Road Dangers
Unlike urban areas with multiple lanes and emergency services nearby, Emmet County’s highways present unique hazards:
- Limited visibility on hills and curves – US-71 cuts through rolling terrain north of Estherville, creating blind spots where trucks can’t see stopped traffic ahead
- Farm equipment intersections – Combines and tractors crossing from field to field create unexpected obstacles that truck drivers must anticipate
- Shoulder drop-offs – Many county roads lack paved shoulders, causing trucks to overcorrect and jackknife when they drift off the pavement
- Winter weather – When Iowa’s infamous blizzards hit, I-35 and I-90 become treacherous, but US-71 and Highway 9 often ice over first, catching truck drivers unprepared
The I-35 and I-90 Corridor Impact
While Emmet County itself is served by US-71 and Iowa Highway 9, we’re just minutes from Interstate 35, the primary north-south freight corridor connecting Des Moines to Minneapolis, and Interstate 90, the major east-west route. Trucks exiting these interstates to make local deliveries often continue driving at highway speeds on our narrower county roads, creating dangerous speed differentials.
The Crushing Reality: Why 18-Wheeler Accidents Cause Catastrophic Injuries
There’s a reason we call them “catastrophic” injuries. When an 80,000-pound truck traveling at 65 mph strikes a 4,000-pound passenger vehicle, the forces involved defy comprehension. A truck at highway speed needs nearly 525 feet to stop—that’s almost two football fields. By the time a distracted or fatigued driver sees brake lights ahead on US-71, it’s already too late.
Traumatic Brain Injuries (TBI)
We’ve represented clients who walked away from the scene of an Emmet County truck accident seemingly unharmed, only to discover days later that their brains had suffered severe trauma from the whiplash effect. Moderate to severe brain injuries can require $85,000 to $3,000,000 in lifetime care. Symptoms include memory loss, personality changes, difficulty concentrating, and chronic headaches that never go away.
One of our clients, after being rear-ended by a sleep-deprived trucker on Iowa Highway 9, suffered a TBI that ended his career as an agricultural equipment operator. Ralph Manginello secured a settlement in the multi-million dollar range—not because it erased the brain damage, but because it provided resources for specialized care and replaced lost lifetime earnings.
Spinal Cord Injuries and Paralysis
The sheer mass of commercial trucks often results in crushing injuries to the spine. We’ve seen paraplegia and quadriplegia cases from accidents on rural Emmet County roads where trucks rolled over onto smaller vehicles. Lifetime care costs for spinal injuries range from $1.1 million for paraplegia to over $5 million for high-level quadriplegia. These aren’t just numbers—they represent ventilators, wheelchairs, home modifications, and 24-hour attendant care.
Amputations
Farm country sees its share of horrific crush injuries. When a truck’s cargo shifts or a driver loses control on ice, the resulting collision can entrap victims, requiring surgical amputation at the scene or later due to irreparable damage. Our firm secured $3.8 million for a client who suffered a partial leg amputation after a car accident where subsequent medical complications escalated the injury. These cases demand extensive future medical planning for prosthetics, which need replacement every 3-5 years at $5,000 to $50,000 each.
Wrongful Death
Sometimes the injuries are too severe to survive. When an 18-wheeler crosses the centerline on a foggy morning near Wallingford, or when a livestock transport loses its brakes descending toward the Iowa Great Lakes, the results are often fatal. Emmet County families lose fathers, mothers, and children to trucking accidents every year. Under Iowa law, you have two years from the date of death to file a wrongful death claim, but waiting is never advisable.
The 10 Potentially Liable Parties in Your Emmet County Truck Accident
Unlike a typical car accident between two drivers, commercial trucking accidents involve a web of potential defendants. While most people assume they can only sue the truck driver, experienced attorneys know that multiple parties often share liability—and multiple insurance policies mean higher potential recovery for your family.
1. The Truck Driver
The obvious first target, but individual drivers rarely carry enough insurance to cover catastrophic injuries. We investigate whether the driver was:
- Operating while fatigued in violation of Hours of Service regulations
- Distracted by cell phones or dispatch communications
- Impaired by drugs or alcohol
- Speeding or driving aggressively for conditions
- Properly licensed and medically certified
2. The Trucking Company/Motor Carrier
This is where the real money usually is. Under the legal doctrine of respondeat superior—let the master answer—employers are responsible for their employees’ negligence. But trucking companies can also be directly liable for:
- Negligent hiring – Failing to check driving records or hiring drivers with DUIs
- Negligent training – Putting inexperienced drivers behind the wheel of 80,000-pound vehicles
- Negligent supervision – Ignoring ELD data showing Hours of Service violations
- Negligent maintenance – Deferring brake repairs or tire replacements to save money
Our associate attorney Lupe Peña used to defend insurance companies for a living. He knows exactly how trucking carriers try to hide their liability through shell corporations and independent contractor misclassification. Now he uses that insider knowledge to expose their tactics.
3. The Cargo Owner/Shipper
Emmet County’s economy runs on agriculture, and many truck accidents involve overloaded grain transports or improperly secured livestock. The farmer or elevator that loaded the truck may be liable if they:
- Exceeded weight limits
- Failed to secure cargo properly
- Pressured drivers to violate safety regulations to meet delivery schedules
4. The Loading Company
Third-party loaders at grain elevators or distribution centers must follow federal cargo securement regulations under 49 CFR § 393.100-136. When they fail to properly distribute weight or use inadequate tie-downs, they create deadly rollover hazards.
5. Truck and Trailer Manufacturers
Defective brakes, faulty fuel systems, or unstable trailer designs can turn a minor incident into a fatal accident. We investigate whether the manufacturer issued recalls or had previous complaints about the systems that failed.
6. Parts Manufacturers
Defective tires, brake components, or steering mechanisms often cause accidents on Iowa’s highways. We preserve failed components for expert analysis to determine if manufacturing defects contributed to your crash.
7. Maintenance Companies
Third-party mechanics who service trucking fleets can be liable for negligent repairs. If a mechanic in Fort Dodge or Mason City failed to properly adjust brakes or identified dangerous conditions but returned the vehicle to service anyway, they share the blame.
8. Freight Brokers
These intermediaries who arrange transport often select carriers based on price rather than safety. If a broker hired a trucking company with a poor safety record or inadequate insurance to haul goods through Emmet County, they may be liable for negligent selection.
9. The Truck Owner (If Different from Operator)
In owner-operator arrangements, the individual who owns the tractor may bear separate liability from the company hauling the freight, particularly if they failed to maintain the vehicle properly.
10. Government Entities
While Iowa counties enjoy sovereign immunity protections, dangerous road conditions can contribute to accidents. If inadequate signage, poor maintenance, or defective guardrails on US-71 or Highway 9 contributed to your crash, governmental liability may apply—though strict notice requirements apply, sometimes as short as six months.
Federal Regulations That Protect Emmet County Drivers
Every 18-wheeler operating on Emmet County roads must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations. These rules are designed to keep massive trucks from becoming rolling death traps, but trucking companies often violate them to increase profits.
Hours of Service (49 CFR Part 395)
Federal law limits how long truck drivers can operate without rest:
- 11-hour driving limit – No driving beyond 11 hours after 10 consecutive hours off duty
- 14-hour duty window – Cannot drive after the 14th consecutive hour on duty
- 30-minute break – Mandatory break after 8 cumulative hours of driving
- 60/70 hour weekly limits – Cannot drive after 60 hours in 7 days or 70 hours in 8 days
Fatigue causes approximately 31% of fatal truck crashes. When a driver pushes from Des Moines to Minneapolis without adequate rest, crossing through Emmet County in the early morning hours, they’re a danger to everyone on the road. Electronic Logging Devices (ELDs) now record these violations automatically—if we can secure the data before it’s destroyed.
Vehicle Inspection and Maintenance (49 CFR Part 396)
Trucking companies must systematically inspect, repair, and maintain their vehicles. Drivers must conduct pre-trip inspections covering:
- Service brakes
- Parking brake
- Steering mechanism
- Lighting devices and reflectors
- Tires
- Horn, windshield wipers, mirrors
- Coupling devices
- Emergency equipment
Brake problems contribute to 29% of truck accidents. When a company skips inspections to keep trucks rolling during harvest season, they gamble with your life.
Cargo Securement (49 CFR § 393.100-136)
Cargo must be properly contained, immobilized, or secured to prevent shifting. For grain trucks and livestock transports common on Emmet County roads, this means:
- Aggregate working load limits of at least 50% of cargo weight
- Proper tiedowns for every 10 feet of cargo
- Blocking and bracing to prevent movement
When a load shifts on a curve near Wallingford or the truck takes the turn onto US-71 too fast, the resulting rollover can crush anything in its path.
Driver Qualification (49 CFR Part 391)
Trucking companies must verify that drivers are:
- At least 21 years old for interstate commerce
- Physically qualified with valid medical certificates
- Properly trained and tested
- Free of disqualifying criminal or traffic offenses
Many companies fail to conduct proper background checks, hiring drivers with histories of reckless driving or substance abuse.
Critical Evidence That Disappears Fast
Here’s what the trucking company doesn’t want you to know: evidence that can prove your case starts disappearing within hours of the accident. While you’re in the hospital in Estherville or Fort Dodge, the trucking company has already dispatched its “rapid response team” to the scene.
We Send Preservation Letters Within 24 Hours
A spoliation letter puts the trucking company on legal notice that they must preserve all evidence related to your accident. Once they receive this letter, destroying evidence constitutes “spoliation,” which courts punish severely—sometimes with default judgments or adverse inference instructions telling the jury to assume the destroyed evidence would have helped your case.
Electronic Control Module (ECM) Data
Modern trucks contain “black boxes” that record:
- Speed before and during the crash
- Brake application timing and pressure
- Throttle position
- Cruise control settings
- Engine fault codes
ECM data overwrites in as little as 30 days—or immediately when the truck is driven again. It objectively proves whether the driver was speeding, whether they hit the brakes, and whether they were in cruise control when they rear-ended you on Highway 9.
Electronic Logging Devices (ELDs)
Since December 18, 2017, most commercial trucks must use ELDs that automatically record duty status. This data proves Hours of Service violations showing whether the driver was legally fatigued. The FMCSA only requires retention for 6 months, and trucking companies often “lose” this data unless we demand it immediately.
Driver Qualification Files
Federal law requires trucking companies to maintain files on every driver containing employment applications, driving records, medical certifications, drug test results, and training records. These files often reveal that the company hired an unqualified driver or knew about previous safety violations.
Maintenance Records
Deferred maintenance kills people. When a company postpones brake repairs or tire replacements to save money, they leave dangerous vehicles on the road. These records show whether the truck was in a “no-drive” condition that the company ignored.
Dashcam Footage
Many trucks now carry forward-facing and cabin-facing cameras. This footage can show the driver’s actions in the moments before the crash—were they texting? Eating? Falling asleep? This footage often gets recorded over within days unless we preserve it.
You Must Act Within 48 Hours
While the statute of limitations in Iowa gives you two years to file a lawsuit (two years for wrongful death as well), waiting even two weeks destroys critical evidence. By the time you finish your first physical therapy session in Spencer or Estherville, the truck may have been repaired, the ECM data overwritten, and the driver coached on what to say.
Common 18-Wheeler Accident Types on Emmet County Roads
Jackknife Accidents
When a truck’s trailer swings out perpendicular to the cab, it sweeps across all lanes of traffic. On narrow rural highways like US-71, there’s nowhere to escape. These typically occur when drivers brake improperly on wet or icy roads—common during Iowa winters—or when cargo shifts unexpectedly.
Rollover Accidents
Emmet County’s rolling terrain creates dangerous curves where top-heavy grain trucks can easily roll. A driver taking the curve near the Iowa Great Lakes at excessive speed, or correcting after a tire drop-off on the shoulder, can cause a rollover that blocks the entire roadway.
Rear-End Collisions
With 525 feet required to stop a loaded truck, following too closely on US-71 or Highway 9 is deadly. Distracted drivers checking dispatch messages or fatigued operators nodding off at the wheel plow into stopped traffic at rural intersections.
Underride Collisions
When a smaller vehicle hits the rear or side of a trailer and slides underneath, the results are often decapitation or severe head trauma. While rear underride guards are required by federal law, side guards are not—and many trailers lack adequate protection.
Wide Turn Accidents (“Squeeze Play”)
Large trucks swinging wide to make right turns can trap vehicles in the blind spot. In downtown Estherville or at rural intersections near Armstrong, passenger cars often get caught between the truck and the curb.
Cargo Spills and Shifts
Improperly secured grain or shifting livestock can cause trucks to lose control or spill their loads across the roadway, creating multi-vehicle pileups. During harvest season, these incidents spike on Emmet County’s agricultural routes.
Tire Blowouts
The extreme temperature variations of Iowa summers and winters degrade tires. When a steer tire blows on a truck traveling 65 mph on US-71, the driver often loses control completely, causing jackknifes or cross-median crashes.
Brake Failure Accidents
Poorly maintained air brake systems fail under the stress of stopping 80,000 pounds descending hills toward the Iowa Great Lakes. Brake fade on long downgrades or complete system failures send trucks careening into intersections.
Iowa Law: What You Need to Know
Statute of Limitations
In Iowa, you have two years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the clock starts running from the date of death, and you also have two years. Miss these deadlines, and you lose your right to compensation forever—regardless of how severe your injuries or how clear the trucking company’s negligence.
Modified Comparative Negligence (51% Bar Rule)
Iowa follows a modified comparative negligence system. You can recover damages as long as you are not more than 50% at fault for the accident. However, your recovery is reduced by your percentage of fault. If a jury finds you 20% responsible for the crash, you recover only 80% of your damages. If you’re 51% at fault, you recover nothing.
Trucking companies and their insurers love to play the blame game, arguing that you stopped too suddenly, were speeding, or failed to yield. We fight these allegations with objective evidence from ECM data, accident reconstruction, and witness testimony.
No Damage Caps for Trucking Cases
Unlike medical malpractice cases, Iowa does not cap damages in trucking accident cases. Your economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) are fully recoverable. In cases of gross negligence—such as knowingly putting a drunk driver behind the wheel or falsifying log books to hide Hours of Service violations—punitive damages may also be available to punish the wrongdoer.
Insurance Coverage: Why Trucking Cases Are Different
Federal law requires commercial trucks to carry minimum liability insurance far exceeding Iowa’s auto insurance minimums:
- $750,000 for non-hazardous freight over 10,001 lbs
- $1,000,000 for oil/petroleum or large equipment
- $5,000,000 for hazardous materials
Most commercial carriers carry $1 million to $5 million in coverage. This means that when a truck accident causes catastrophic injuries in Emmet County, there’s actually money available to pay for your care—unlike typical car accidents where drivers carry only Iowa’s minimum $20,000/$40,000 liability coverage.
However, accessing these policies requires navigating complex commercial insurance policies, MCS-90 endorsements, and interstate commerce regulations. The trucking company hopes you’ll accept a lowball offer before you understand the full extent of your injuries or the available coverage.
Why Clients Choose Attorney911 for Emmet County Truck Accidents
Ralph Manginello: 25+ Years of Fighting for Families
Since 1998, Ralph Manginello has fought for injury victims across the United States. He’s secured multi-million dollar verdicts and settlements, including a $5+ million recovery for a traumatic brain injury victim struck by a falling log and a $3.8 million settlement for a client who suffered an amputation after a car accident led to medical complications. He’s admitted to the U.S. District Court for the Southern District of Texas and has the federal court experience necessary for interstate trucking cases.
We Hire Former Insurance Defense Attorneys—They Work for You Now
Lupe Peña, our associate attorney, spent years working for a national insurance defense firm. He knows exactly how adjusters are trained to minimize claims, what algorithms they use to calculate “pain and suffering,” and when they’re bluffing about their final offer. As client Chad Harris said: “You are NOT just some client… You are FAMILY to them.” We treat you like family, but we fight the insurance company like they’re holding our own money hostage.
We Take the Cases Other Firms Won’t Touch
Donald Wilcox came to us after another firm rejected his case. We didn’t just take it—we won it. “I got a call to come pick up this handsome check,” Donald told us. We believe every Emmet County family deserves representation, not just the easy cases.
Multi-Million Dollar Results
Our track record speaks for itself:
- $5,000,000+ for traumatic brain injury victims
- $3,800,000+ for amputation cases
- $2,500,000+ for trucking accident recoveries
- $2,000,000+ for maritime and Jones Act back injuries
We’re Available 24/7
Trucking accidents don’t happen during business hours. They happen at 2 AM on a foggy stretch of US-71, or during rush hour when a delivery truck runs a red light in Estherville. When they do, you can reach us at 1-888-ATTY-911—anytime, day or night.
No Recovery, No Fee
We work on contingency, which means you pay nothing unless we win your case. We advance all costs for investigators, experts, and court filings. You never write us a check—we get paid when you get paid.
Hablamos Español
Many of Emmet County’s agricultural workers and truck drivers speak Spanish as their first language. Lupe Peña provides fluent Spanish representation without interpreters, ensuring nothing gets lost in translation. Hablamos Español. Llame al 1-888-ATTY-911.
What to Expect When You Call Attorney911
Step 1: Free Consultation
Call 1-888-ATTY-911 or (888) 288-9911. We’ll listen to your story, explain your rights under Iowa law, and give you an honest assessment of your case. If we believe we can help, we’ll act quickly to preserve evidence.
Step 2: Immediate Investigation
Within 24 hours, we send preservation letters to the trucking company, demand ECM and ELD data downloads, and deploy accident reconstruction experts to the scene if necessary. We interview witnesses while memories are fresh and photograph evidence before it disappears.
Step 3: Medical Treatment Coordination
We help you access medical care even if you lack insurance, connecting you with doctors who understand catastrophic injuries and will wait for payment until your case settles. As client Kiimarii Yup told us: “Because of Attorney Manginello and my case worker Leonor, 1 year later I have gained so much in return.”
Step 4: Aggressive Negotiation
We build your case as if it’s going to trial from day one. Insurance companies know which lawyers are willing to go to court—and they pay more to those who are. We reject lowball offers and fight for “every dime you deserve,” as Glenda Walker put it.
Step 5: Resolution
Most cases settle before trial, but we’re prepared to take your case to an Emmet County jury or federal court if necessary. Whether through settlement or verdict, we don’t stop until you have the resources to rebuild your life.
Frequently Asked Questions About Emmet County Truck Accidents
How long do I have to file a lawsuit after a truck accident in Iowa?
Iowa law gives you two years from the date of the accident to file a personal injury lawsuit, and two years from the date of death for wrongful death claims. However, waiting even a week can destroy critical evidence like ECM data and witness memories. Call us immediately.
What if the truck driver claims I caused the accident?
Don’t panic. Iowa uses modified comparative negligence. As long as you’re not more than 50% at fault, you can still recover, though your damages are reduced by your percentage of fault. We use objective evidence—ECM data, dashcam footage, ELD logs—to prove what really happened, not just what the driver claims.
How much is my Emmet County truck accident case worth?
Every case is unique. We consider your medical expenses (past and future), lost wages, diminished earning capacity, pain and suffering, and the degree of the trucking company’s negligence. With commercial trucks carrying $750K to $5M in insurance, catastrophic injury cases often settle for hundreds of thousands or millions of dollars.
Do I really need a lawyer, or can I negotiate with the insurance company myself?
You can negotiate alone, just like you can perform surgery on yourself. It’s not recommended. Insurance adjusters are trained professionals whose job is to pay you as little as possible. A study by the Insurance Research Council found that people with attorneys receive settlements 3.5 times larger than those without—even after paying legal fees.
What if my loved one died in the accident?
We are deeply sorry for your loss. Under Iowa law, the executor or administrator of the estate can file a wrongful death claim seeking compensation for lost income, loss of consortium, mental anguish, funeral expenses, and in cases of gross negligence, punitive damages. The statute of limitations is two years from the date of death.
Will my case go to trial?
Probably not. Approximately 95% of personal injury cases settle before trial. However, we prepare every case as if it’s going to trial because that creates leverage. Insurance companies offer better settlements when they know your lawyer has the resources and courage to take them to court.
How do I pay for medical treatment while my case is pending?
We can connect you with medical providers who treat on a “lien basis,” meaning they get paid when your case settles. We also help navigate your own health insurance, MedPay coverage, and other resources to ensure you get the care you need without upfront costs.
What if the trucking company is from out of state?
That’s common, especially with interstate carriers on I-35 or I-90. We handle cases involving out-of-state trucking companies regularly. Ralph Manginello’s federal court admission allows us to pursue these cases in federal court when necessary, and we know how to navigate the interstate commerce laws that apply.
Can undocumented immigrants file truck accident claims in Iowa?
Yes. Immigration status does not affect your right to compensation for injuries caused by someone else’s negligence. We represent all members of the Emmet County community regardless of documentation status, and conversations with our office are confidential.
How long will my case take to resolve?
Simple cases with clear liability may settle in 6-12 months. Complex cases involving catastrophic injuries or multiple defendants can take 1-3 years. We work as efficiently as possible while ensuring we don’t settle before you reach maximum medical improvement—settling too early means paying for future medical costs out of your own pocket.
Call Attorney911 Before Evidence Disappears
The trucking company has already called their lawyers. Their insurance adjuster is already analyzing how to pay you less. Their rapid response team has already inspected the truck. What are you doing to protect your family?
Every hour you wait, evidence disappears. Every day you delay, the trucking company gets stronger. In 48 hours, black box data could be overwritten. In a week, witness memories fade. In a month, the truck may be repaired and back on the road.
Don’t let them win. Call Attorney911 at 1-888-ATTY-911 or 888-288-9911. We’re available 24 hours a day, 7 days a week, including weekends and holidays.
We serve truck accident victims throughout Emmet County, Iowa—from Estherville to Armstrong, from Ringsted to Wallingford, from the Iowa Great Lakes region to the Minnesota border. Whether your accident happened on US-71, Iowa Highway 9, or any of our rural county roads, we have the experience, resources, and determination to fight for you.
You didn’t ask for this fight. But now that it’s here, you deserve a team that treats you like family and fights like your future depends on it—because it does.
Call 1-888-ATTY-911 now. The consultation is free. The advice is priceless. And you pay nothing unless we win.
Hablamos Español. Llame hoy al 1-888-ATTY-911.
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Disclaimer: The information on this page is for educational purposes only and does not constitute legal advice. Every case is unique, and past results do not guarantee future outcomes. Contact an attorney to discuss the specific facts of your case. In Iowa, you have two years from the date of injury to file a personal injury lawsuit and two years from the date of death to file a wrongful death claim. Delay can result in the loss of your rights.