Erik Luthens

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.

• Legal Malpractice
• Medical Malpractice
• Personal Injury
• Workers' Compensation

• Car Accidents
• General Civil
• Dramshop
• Wrongful Death

• Free Consultation
• Credit Cards Accepted
• Contingent Fees

Iowa

Since 1991

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.

1991 - Current

Drake University

J.D. (1991) | Law

1988 - 1991

University of Iowa

B.S. (1988) | Political Science

1983 - 1988

Activities: Pi Kappa Alpha

Iowa Association for Justice (f/k/a Iowa Trial Lawyers Association)

Member

1995 - Current

Activities: I am also on the IAJ Board of Governors

American Association for Justice (f/k/a American Trial Lawyers Association)

Member

1995 - Current

Iowa State Bar

Member

1991 - Current

Iowa Supreme Court / Iowa Court of Appeals Cases

Sanford v. Fillenwarth, 863 N.W.2d 286 (2015)

Iowa Supreme Court

May 8, 2015

Wilkins v. Marshalltown Medical and Surgical Center, 758 N.W.2d 232 (2008)

Iowa Supreme Court

December 5, 2008

New v. Titan Tire Corp., WL 984730 (Iowa Ct. App. Aug. 29, 2001).

Iowa Court of Appeals

August 29, 2001

Greenwood v. Mitchell, 621 N.W.2d 200 (2001)

Iowa Supreme Court

January 18, 2001

Q. How much should i expect forge a settlement? Someone cut Me off and ended up running my arm over. Had to have em surgery

6 July 2020

A: A reasonable settlement value depends on many factors including, but not limited to liability; the amount of your medical expense (past and future); the amount of your loss of earnings (past), the amount of your loss of earning capacity (future). This is not a do-it-yourself project; I suggest that you immediately contact an Iowa attorney to discuss your claim.

Q. If someone plead guilty to assault related to a bar fight 2 years ago:

19 May 2020

A: This is a complex situation that needs to be discussed with an Iowa attorney who handle dramshop litigation. I suggest that you immediately contact such an attorney.

Q. I work for wal mart and I hurt my back pulling pallets of dog food,I have a broken disc in my lower back

4 May 2020

A: You should be timely reimbursed for round trip to mileage to all doctors that are approved by the w/c insurance company. This is not a "do-it-yourself" project- I strongly recommend that you immediately contact an Iowa attorney who handles workers' compensation claims for claimants to discuss your situation.