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Erik Luthens
I obtain fair compensation for injured people.
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Claimed Lawyer ProfileQ&A
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
- 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
Websites & Blogs
- Website
- https://www.PSL-Law.com
Legal Answers
47 Questions Answered
- Q. In Iowa can statements made by an individual with serious head trauma and concussion be used in court?
- A: You need to obtain a professional opinion (expert witness) from a neurologist who can identify how the collision would have affected the injured person’s ability to offer a trustworthy statement (from an evidentiary standpoint). Erik Luthens Attorney at Law Parrish-Sams Luthens Law, P.C. 2910 Westown Pkwy, Ste. 203 West Des Moines, IA 50266 Tel: (515) 222-1698 Txt: (515) 523-7799 Fax: (515) 222-2655 E-M: Erik.Luthens@PSL-Law.com Web: www.PSL-Law.com
- Q. Adultery in the state of Iowa
- A: You do know that it’s 2021, not 1921, right?
- 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
- 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.
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