What is a statute of limitations?
A statute of limitations (SOL) is a statutory deadline by which a lawsuit must be filed. The clock typically starts when the cause of action "accrues" — usually when the injury occurred or, under the discovery rule, when the plaintiff knew or should have known they had a claim. File one day late and the defendant can move to dismiss. The court will dismiss, regardless of how meritorious your case is.
Iowa SOLs by case type
| Case type | Limit |
|---|---|
| Personal injury (negligence) | 2 years (Iowa Code 614.1(2)) |
| Wrongful death | 2 years |
| Medical malpractice | 2 years from discovery, max 6 years from act (614.1(9)) |
| Legal malpractice | 5 years |
| Written contract | 10 years (614.1(5)) |
| Unwritten / oral contract | 5 years (614.1(4)) |
| Recovery of real property | 10 years |
| Property damage | 5 years |
| Defamation (slander, libel) | 2 years (614.1(2)) |
| Fraud | 5 years from discovery |
| Trespass | 5 years |
| Civil assault & battery | 2 years |
| Childhood sexual abuse (civil) | Substantially extended by recent legislation — verify with counsel |
| Claims against the State of Iowa (ITCA) | 2 years (Iowa Code 669) |
| Claims against the City of North Liberty | 60-day notice + 2-year filing (Iowa Code 670) |
How the discovery rule changes the clock
Iowa applies the discovery rule in many tort cases: the SOL doesn't start running until the plaintiff knew or, with reasonable diligence, should have known of the injury and its likely cause. This matters most in:
- Medical malpractice — the surgical sponge left inside you in 2022 may not be discovered until 2026. The 2-year clock starts on discovery, but Iowa caps the entire window at 6 years from the act.
- Legal malpractice — the bad estate plan may not surface until probate years later.
- Fraud — clock runs from when you discovered (or should have discovered) the fraud.
- Latent construction defects — common issue in North Liberty's recent-construction subdivisions.
Tolling — when the clock pauses
Iowa law tolls (pauses) the SOL in narrow circumstances:
- Minors — if the injured party is under 18, the clock is generally tolled until they reach majority (and then a 1-year filing window from age 18, capped at certain absolute limits).
- Mental incapacity — if the injured party is mentally incapacitated at the time the cause accrues.
- Defendant out of state — Iowa Code 614.6 tolls while the defendant is absent from Iowa.
- Fraudulent concealment — defendant's active concealment of the cause of action tolls the SOL.
Statutes of repose — the absolute cap
Some Iowa statutes impose an outer limit regardless of when the plaintiff discovers the injury. Examples:
- Medical malpractice: 6 years absolute from the act (with limited exceptions).
- Improvements to real property (construction defects): Iowa Code 614.1(11) imposes a statute-of-repose framework — generally 15 years for residential improvements and 8 years for commercial, with some categories shorter. The exact figure depends on the specific defect and recent legislative changes.
- Product liability: 15 years from sale for design defect claims under Iowa Code 614.1(2A).
Government defendants — the special rules
Iowa Tort Claims Act — Iowa Code 669
Claims against the State of Iowa (state agencies, state employees acting in scope) must be presented to the State Appeal Board first. The general SOL is 2 years from accrual.
Municipal Tort Claims Act — Iowa Code 670
Claims against Iowa cities and counties (including the City of North Liberty and Johnson County) require:
- Written notice to the municipality within 60 days of the loss or injury, OR within 60 days of when the loss reasonably should have been discovered. Failure to give timely notice is a complete bar.
- Filing of suit within 2 years of the loss or injury.
If your trip-and-fall or auto crash involved a city sidewalk, a city vehicle, or a city facility (e.g., the Penn Recreation Complex), the 60-day clock is the deadline that catches people out.
Childhood sexual abuse — significantly expanded
Iowa has substantially extended civil filing windows for victims of childhood sexual abuse in recent legislation, including extending limits well into adulthood and creating limited revival windows. The current rule is significantly more plaintiff-friendly than the historical SOL but has technical limits we won't try to summarize here — survivors should consult an attorney for specifics on current law. Iowa Legal Aid and the University of Iowa Law clinics can help with referrals.
Criminal SOLs
Criminal SOLs are separate from civil ones. In Iowa, most felonies have a 3-year SOL from commission, with murder having no SOL. Sex crimes against minors have substantially longer SOLs. Criminal SOLs don't affect a victim's civil claim — those run on the civil SOL framework above.
Why SOLs matter even when you're settling
If you're working informally with an insurance adjuster after a North Liberty car crash and the adjuster keeps "looking into it," the SOL clock is still running. The insurance company has no obligation to remind you. If the SOL passes mid-negotiation, your leverage vanishes overnight — the insurer can simply walk away.
Lawyers typically file suit (or send a tolling agreement) well before the SOL even if settlement is in progress.
Construction-defect SOLs in NL's new builds
Iowa's recent-construction subdivisions in North Liberty mean construction-defect SOLs come up regularly. The short version:
- Express warranty: typically 1-2 years per builder warranty terms.
- Implied warranty of habitability/workmanship: Iowa recognizes implied warranties on new home construction. Iowa Code 554.2725 sets a 5-year SOL for sale-of-goods warranty claims (but real property is treated separately).
- Negligent construction: 5-year property damage SOL, subject to discovery rule.
- Absolute repose: 15 years for residential improvements under 614.1(11).
If you bought a NL home in 2022 and discover a structural defect in 2026, you're still inside most windows — but the warranty windows may already be closed.
Sister site
Iowa SOLs apply identically across the corridor — Coralville, Iowa City, and Tiffin residents all follow the same table. coralvillelaw.com has a parallel reference.
FAQ — Iowa statute of limitations
How long do I have to sue after a car crash in North Liberty?
Generally 2 years from the date of the crash for personal injury claims (Iowa Code 614.1(2)). Property damage to your vehicle: 5 years. If a city or county vehicle was involved, you also need to give the municipal 60-day notice under Iowa Code 670.
What if my injury wasn't obvious until years later?
Iowa applies the discovery rule in many tort cases — the SOL doesn't start running until you knew or should have known of the injury and its cause. Medical malpractice claims have a 2-year-from-discovery / 6-year-absolute structure under Iowa Code 614.1(9).
I slipped on a North Liberty city sidewalk. What's my deadline?
You need to give the City of North Liberty written notice of the claim within 60 days of the incident under Iowa Code 670, and file suit within 2 years. The 60-day notice is the trap — miss it and the claim is barred even though the 2-year SOL hasn't run.
How long do I have to sue on a written contract in Iowa?
10 years from breach for written contracts (Iowa Code 614.1(5)); 5 years for unwritten contracts (614.1(4)).
I just discovered a defect in my new-construction NL home. Can I still sue?
Probably — if discovery was recent. Iowa allows breach of implied warranty and negligent-construction claims subject to a 5-year SOL from discovery and an outer cap (statute of repose) of 15 years for residential improvements. Express builder warranties may have already expired.