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Iowa Burn Injury Lawyer: Your Rights After a Burn

Michael Shemtoub, trial attorney, Beverly Law
Michael Shemtoub, Beverly Law
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Iowa gives you two years to sue over an injury to the person, including a burn (Iowa Code § 614.1(2)). A claim against the State of Iowa must also be filed in writing within two years (§ 669.13). You can recover with some fault of your own, unless your share is greater than the defendants’ combined share (§ 668.3). See a doctor, save the evidence, and keep track of the dates.

By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.

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What to do after a burn in Iowa

A first-degree burn is red, painful and dry with no blisters. A second-degree burn reaches part of the dermis and is red and blistered, and it may swell (Cedars-Sinai).

The State Fire Marshal Division’s general information page lists total fire fatalities by year from 2006 to 2026, with 48 fire deaths reported for 2025. It also carries the burn injury reporting form, because Iowa law requires any person licensed under Iowa Code chapter 147 who treats a burn to report that injury (State Fire Marshal). Ask your provider whether a report was made.

Keep the damaged product and photos of the scene. The Iowa State Bar Association sends all public calls for a lawyer to its Iowa Find-A-Lawyer program (ISBA).

The deadline to file in Iowa

Iowa Code § 614.1(2) gives two years for actions founded on injuries to the person, whether based on contract or tort (§ 614.1).

The two years may start later than the day of the burn. In Chrischilles v. Griswold, 260 Iowa 453 (1967), the Iowa Supreme Court held that a negligence claim does not accrue until the plaintiff discovers the injury, or by reasonable diligence should have. For medical malpractice, the statute itself allows two years from when the claimant knew or should have known of the injury or death, with a six-year outside limit (§ 614.1(9)).

Against the state, a written claim goes to the director of the Department of Management within two years after the claim accrues (§ 669.3, § 669.13). Against a city or other municipality, Iowa has had no notice-of-claim requirement since 2007; suit is due within two years of the injury (§ 670.5).

How fault works in Iowa

Iowa uses modified comparative fault with a 51% bar. Under § 668.3(1)(a), contributory fault does not bar recovery unless the claimant bears a greater percentage of fault than the combined percentage of the defendants (§ 668.3).

Think of a homeowner burned when the hose on a new gas grill splits. The jury finds the homeowner 20% at fault for skipping a leak check, so the homeowner recovers 80%. At an even split the homeowner still recovers half, but a 51% share ends the claim.

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Damages and caps in Iowa

Iowa caps noneconomic damages against health care providers, and it limits how much of a punitive award the injured person keeps.

ItemIowa ruleSource
Noneconomic damages against health care providers$250,000 per occurrence§ 147.136A
Same, when the jury finds substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death$1,000,000, or $2,000,000 if a hospital is a defendant§ 147.136A
Actual maliceNo cap§ 147.136A
Punitive damagesNo cap; if the conduct was not directed specifically at the claimant, the claimant gets at most 25% after costs and fees, and the rest goes to a civil reparations trust fund§ 668A.1

The medical caps increase 2.1% each January 1 starting 2028 (§ 147.136A), under amendments in 2023 Acts ch. 4 for causes accruing on or after February 16, 2023. A burn from a surgical fire or a laser treatment that leaves substantial disfigurement may reach the higher cap if the jury makes that finding.

Punitive damages need a preponderance of clear, convincing and satisfactory evidence of willful and wanton disregard for the rights or safety of another (§ 668A.1). The claimant keeps 100% in claims against licensed health care providers and hospitals arising from patient care (2023 Acts ch. 4, causes accrued on or after 2/16/2023) and in civil actions involving the operation of a commercial motor vehicle (2023 Acts ch. 84).

Burns at work in Iowa

Workers’ compensation is the exclusive remedy against the employer and co-employees (§ 85.20). The statute’s only exception covers a co-employee’s gross negligence amounting to wanton neglect. It contains no exception for an employer’s intentional injury.

You may take comp benefits and also sue a liable third party, such as the company that serviced a boiler at your plant (§ 85.22). The employer or insurer that paid compensation is indemnified out of the recovery and holds a lien on the claim and judgment, less attorney fees allowed by the court.

Burn centers in Iowa

The ABA directory lists one Iowa burn center. It is ABA-verified and treats adults and children.

CenterCityAddressPhonePatients
University of Iowa Health Care Burn Treatment Center (ABA-verified)Iowa City200 Hawkins Dr, Iowa City, IA 52242(800) 777-8442Adult & Pediatric

Source: American Burn Association, Find a Burn Center, directory checked November 2026.

Who may be liable for a burn

Look first at whoever could have stopped the hazard: a landlord who left a furnace leaking, a restaurant that handed over a scalding drink, or the maker of a defective grill or battery. A contractor on your job site who is not your employer can be liable, and so can a utility that let a gas line deteriorate.

How Beverly Law helps in Iowa

Beverly Law is based in California, and its attorneys are licensed in California and Washington. For Iowa burn injuries, the firm works with attorneys licensed in Iowa through its referral network. A free case review connects you with an Iowa-licensed burn injury attorney, usually within one business day.

This page is general information about Iowa law, not legal advice, and reading it does not create an attorney-client relationship. Laws change; a lawyer licensed in Iowa can tell you how they apply to your case.

Common questions

How long do I have to file a burn lawsuit in Iowa?

Two years for injuries to the person under § 614.1(2). Under Chrischilles v. Griswold, a negligence claim does not accrue until you discovered the injury, or should have with reasonable diligence. A claim against the state must also be filed within two years.

Do I have to give notice before suing an Iowa city?

No. Iowa has had no notice-of-claim requirement for municipalities since 2007, but the suit must be filed within two years of the injury under § 670.5. A claim against the state is different: it goes in writing to the director of the Department of Management (§ 669.13).

Is there a cap on burn damages in Iowa?

Iowa caps noneconomic damages against health care providers at $250,000, or $1,000,000 ($2,000,000 with a hospital defendant) for substantial disfigurement and similar findings (§ 147.136A). Punitive damages have no cap, but the claimant may keep only 25% in some cases.

Can I sue my employer for a burn at work in Iowa?

Generally no. Workers’ comp is the exclusive remedy against the employer under § 85.20. You can take comp and also sue a liable third party under § 85.22, and the employer or insurer is repaid from that recovery.

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Related pages

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Sources

  1. legis.iowa.gov/docs/code/614.1.pdf
  2. courtlistener.com/opinion/1750258/chrischilles-v-griswold/
  3. legis.iowa.gov/docs/code/669.13.pdf
  4. legis.iowa.gov/docs/code/668.3.pdf
  5. legis.iowa.gov/docs/code/668A.1.pdf
  6. legis.iowa.gov/docs/code/147.136A.pdf
  7. legis.iowa.gov/docs/code/85.20.pdf
  8. legis.iowa.gov/docs/code/85.22.pdf
  9. dps.iowa.gov/divisions-iowa-department-public-safety/iowa-state-fire-mar
  10. iowabar.org/
  11. ameriburn.org/burn-care-team/resources/find-a-burn-center
  12. ameriburn.org/burn-care-team/resources/burn-centers/iowa-healthcare-forme
  13. cedars-sinai.org/health-topics/classification-of-burns
  14. legis.iowa.gov/docs/code/669.3.pdf
  15. legis.iowa.gov/docs/code/670.5.pdf

Important: Attorney Advertising. This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Beverly Law is a California firm whose attorneys are licensed in California and Washington; for injuries in other states it works with attorneys licensed there through its referral network. Last reviewed: November 6, 2026.

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