Iowa Notice of Claim Against the State

Introduction

Key Things to Know

1. 1

   The deadline is strict. Under Iowa Code 669.13, a claim or suit under the Iowa Tort Claims Act is forever barred unless, within 2 years after the claim accrued, the claim is made in writing and filed with the director of the Department of Management.

2. 2

   The director of the Department of Management acknowledges receipt of the claim for the State (Iowa Code 669.3(2)). The Department prefers online claim submission through the State Appeal Board. The PDF State Appeal Board Claim Form and Affidavit is for postal mail or email to the State Appeal Board, Department of Management, State Capitol, Room G13, 1007 E. Grand Ave, Des Moines, Iowa 50319.

3. 3

   The State Appeal Board form asks for the claimant's name, telephone, address and email, the state agency or department involved, the location and date and time of the incident, the claim type (property damage, personal injury or wrongful death) with dollar amounts, the basis of the claim, and attorney information if one is retained.

4. 4

   A tort claim must be signed by the claimant and by a notary public, and the notary must witness the claimant's signature.

5. 5

   No suit may be filed until the attorney general makes final disposition of the claim. If there is no final disposition within 6 months after the claim is made in writing to the director, the claimant may withdraw the claim by written notice and sue (Iowa Code 669.5(1)). Suit is commenced by serving the attorney general (669.4(4)).

6. 6

   For a city, county or other local entity under chapter 670, Iowa Code 670.5 requires an action to be commenced within 2 years after the alleged wrongful death, loss or injury. Ask the entity's clerk or risk management office about any claim process it uses, and do not let that process delay the suit deadline.

7. 7

   Minors have 1 year after reaching majority to make a chapter 669 claim or to commence a chapter 670 action (Iowa Code 614.8(2)), and persons with mental illness have 1 year after the disability ends (614.8(1)). The State is not liable for prejudgment interest or punitive damages (669.4(2)).

Iowa Requirements for Notice of Claim

• Two-Year State Claim Deadline

  Iowa Code 669.13: a claim or suit under the Iowa Tort Claims Act is forever barred unless the claim is made in writing and filed with the director of the Department of Management within 2 years after it accrued.

• Recipient and Submission

  Iowa Code 669.3(2): the director of the Department of Management acknowledges receipt for the State. Online submission to the State Appeal Board is preferred; the PDF form is for postal mail or email.

• Notarized Tort Claim

  The claimant and a notary public sign a tort claim on the State Appeal Board Claim Form and Affidavit, and the notary witnesses the claimant's signature.

• Claim Contents

  The form asks for the claimant's contact details, the agency or department involved, the date, time and location, the claim type with dollar amounts, the basis of the claim, and any attorney.

• Final Disposition and Withdrawal

  Iowa Code 669.5(1): no suit until the attorney general makes final disposition; after 6 months without one, the claimant may withdraw the claim in writing and sue. Suit is commenced by serving the attorney general (669.4(4)).

• Suit Deadline Extension

  Iowa Code 669.13(1): if the 2 years would otherwise expire, the time to sue is extended 6 months from the mailing of the final-disposition notice or from withdrawal of the claim.

• Local Entity Suit Deadline

  Iowa Code 670.5: an action against a local entity under chapter 670 must be commenced within 2 years after the alleged wrongful death, loss or injury.

• Minors and Mental Illness

  Iowa Code 614.8: minors have 1 year after reaching majority to make a chapter 669 claim or commence a chapter 670 action; persons with mental illness have 1 year after the disability ends.

• No Punitive Damages

  Iowa Code 669.4(2): the State is not liable for prejudgment interest or punitive damages. Iowa Code 670.4 lists punitive damages claims among those exempted for local entities.