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Erik Luthens

Erik Luthens

Iowa Supreme Court cases
  • Legal Malpractice, Medical Malpractice, Personal Injury...
  • Iowa
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Claimed Lawyer ProfileQ&A
Summary

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
  • Personal Injury
  • 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: 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
Luthens Law Offices, P.C.
- Current
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
Farm Bureau vs. Iowa District Court, Iowa Supreme Court File No. 99-1944 (Mar. 17, 2000).
Iowa Supreme Court
Blecher v. Iowa Bd. of Educational Examiners, WL 18849 (Iowa Ct. App. Jan. 12, 2000).
Iowa Court of Appeals
State v. Gordon, 560 N.W.2d 4 (1997)
Iowa Supreme Court
Websites & Blogs
Website
Website
Legal Answers
38 Questions Answered

Q. I need to file a general answer to the court for a debt collection. I can't find the form
A: Go to https://www.iowacourts.gov/for-the-public/court-forms/
Q. If my apartment company is changing ownership mid-lease, is this grounds to terminate the lease by my choice?
A: No.
Q. my sister had moms will and life policies changed omitting me. Mom has dementia. Is this legal?
A: Until your mother actually dies, the terms of her will are of nobody’s business except hers. Whether the POA was properly obtained is a matter that needs to be evaluated by an Iowa attorney who practices in estate planning and/or civil litigation.
Q. Is there a 2 yr statue of limitations on a personal injury claim?
A: Generally speaking, a personal injury claim in Iowa must be filled within two (2) years of the date of the incident at issue. You should immediately contact an Iowa attorney who handles personal injury claims to discuss your situation.
Q. Re: 3rd party financing thru a dealership. Is it legal to have someone sign an assigned contract if its already denied?
A: This question is too fact intensive for an online forum. You need to immediately retain an Iowa attorney to obtain an informed opinion.
Q. I dont want to say too much at unemployment fact finding interview and ruin the osha retaliation investigation. How do I
A: You should immediately consult with an Iowa attorney who specializes in employment law.
Q. Can I sue a Barn Manager for neglet and verbal abuse? How much evidence would I need to win my case if I choose to sue?
A: You believe that your horse “deserves justice” because he’s hungry? If you have at least $10,000 to pay an attorney to work towards justice, you might have a case.
Q. If a bank is paid off and the loans are moved to another bank and the previous bank signed off can they still foreclose
A: You need to immediately consult with an Iowa attorney who handles real estate matters and farm foreclosures in particular.
Q. What do I need to file to initiate contempt
A: You need to consult with an Iowa attorney who handles landlord / tenant matters.
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Contact & Map
1200 Valley West Drive
Ste. 304-01
West des Moines, IA 50266
USA
Telephone: (515) 222-1697
Fax: (515) 222-2655