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Erik Luthens
I obtain fair compensation for injured people.
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Biography
I primarily handle workers' compensation, personal injury, medical malpractice and legal malpractice claims (plaintiff only) and have been doing so since 1991 (B.S., University of Iowa, 1988; J.D., Drake Law, 1991).
I have been serving on the IAJ BOG from November, 2016 to date. I previously served on the Urbandale Little League board of directors for approximately ten years and have been a member of the YMCA's "President's Club" for approximately the past twelve years as well as a participant in its annual "Partner With Youth" campaign.
Practice Areas
- Legal Malpractice
- Medical Malpractice
- Birth Injury, Medical Misdiagnosis, Pharmacy Errors, Surgical Errors
- Personal Injury
- Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
- Workers' Compensation
Additional Practice Areas
- Car Accidents
- General Civil
- Dramshop
- Wrongful Death
Fees
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
Jurisdictions Admitted to Practice
- Iowa
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Languages
- Spanish: Spoken, Written
Professional Experience
- Iowa Supreme Court cases
- Current
- Through my diligence, I was successful upon further review with the Iowa Supreme Court in requiring defendants who seek to assert failure to mitigate as an affirmative defense by establishing the same via expert testimony which previously was not required. (See Greenwood v. Mitchell, 621 N.W.2d 200 (2001)). I was also successful on further review with the Iowa Supreme Court in establishing favorable case law for plaintiffs involved in medical malpractice actions relative to the statute of limitations and a health care provider's failure to timely diagnose a medical condition. ( See Wilkins v. Marshalltown Medical and Surgical Center, 758 N.W.2d 232 (2008). Wilkins also established the theory of ostensible agency which holds hospitals and clinics who employ independent contractor physicians liable for the negligent physicians' acts despite the fact that the negligent physicians are not their employees. I recently prevailed on further review with the Iowa Supreme Court in expanding the scope of Iowa's dramshop law for plaintiffs who are injured by over-served bar patrons. (See Sanford v. Fillenwarth, 863 N.W.2d 286 (2015)).
- Shareholder
- Parrish-Sams Luthens Law, P.C.
- - Current
- Shareholder
- Luthens Law Offices, P.C.
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Education
- Drake University
- J.D. (1991) | Law
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- University of Iowa
- B.S. (1988) | Political Science
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- Activities: Pi Kappa Alpha
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Professional Associations
- Iowa Association for Justice (f/k/a Iowa Trial Lawyers Association)
- Member
- - Current
- Activities: I am also on the IAJ Board of Governors
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- American Association for Justice (f/k/a American Trial Lawyers Association)
- Member
- - Current
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- Iowa State Bar
- Member
- - Current
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Publications
Articles & Publications
- Iowa Supreme Court / Iowa Court of Appeals Cases
- Sanford v. Fillenwarth, 863 N.W.2d 286 (2015)
- Iowa Supreme Court
- Wilkins v. Marshalltown Medical and Surgical Center, 758 N.W.2d 232 (2008)
- Iowa Supreme Court
- New v. Titan Tire Corp., WL 984730 (Iowa Ct. App. Aug. 29, 2001).
- Iowa Court of Appeals
- Greenwood v. Mitchell, 621 N.W.2d 200 (2001)
- Iowa Supreme Court
Websites & Blogs
- Website
- https://www.PSL-Law.com
Legal Answers
54 Questions Answered
- Q. I have been mowing a ladies lawn cut trees down for her trimmed trees for 2 years without being paid can I put a lien
- A: Did you have a written agreement with the property owner for compensation? Did you have any type of an agreement? Have you invoiced the property owner for your services?
- Q. Can I sue in small claims court(or larger)for breach of contract against my daughters’ former dance studio? $10k wasted
- A: I absolutely understand your frustration- both of my daughters danced on competitive teams for several years (my wife was also the varsity dance coach at Urbandale High School for several years). However, this is not a matter to be litigated in court (small claims or otherwise). If I were you, I would focus on finding a different studio with which my daughters were happy.
- Q. I have filed a work comp. Claim 10 months ago. Was told any work missed due to injury is on my own attendance. True?
- A: If you miss work time due to a compensable work related injury, your employer (or its worker’s’ compensation insurance carrier) should be timely paying you temporary, partial disability (TPD) benefits.
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