This page is continued from Getting Started >>>> Civil Law Self-Help >>>> Assess Your Case >>>> Torts >>>> Types of Torts >>>> Government Tort >>>> Tort Claims Acts:
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According to the Iowa Tort Claims Act, “A claim made under this chapter shall be filed with the director of the department of management, who shall acknowledge receipt on behalf of the state.“
- Note that after you file with the department of management, the Iowa Attorney General “shall consider, ascertain, adjust,
compromise, settle, determine, and allow any claim that is subject to [the Iowa Tort Claims Act].” Therefore, expect a response from the Attorney General after filing.
Here’s a standard claim form that can be used under the Iowa Tort Claims Act. This form was created using ChatGPT, and integrating requirements written in Iowa Admin. Code r. Rule 543-1.3:
Key Excerpts from the Act:
The state shall be liable in respect to such claims… to the same extent as a private individual under like circumstances.
If the State Denies Your Claim:
The Attorney General may deny your claim, stating that they do not owe you for the damages you alleged. In this case, you may wish to proceed by filing a lawsuit against the State (see file a complaint).
The Polk County (Federal) District Court has exclusive jurisdiction over claims filed against the State, so that is where you will need to file the complaint.
Service of Summons:
A suit is commenced… by serving the attorney general or the attorney general’s duly authorized delegate in charge of the tort claims division by service of an original notice. The state shall have thirty days within which to enter its general or special appearance. See Service of Summons.
Settlement:
With a view to doing substantial justice, the attorney general is authorized to compromise or settle any suit… with the approval of the court in which suit is pending.
- Any award… accepted by the claimant shall be final and conclusive on all officers of the state of Iowa, except when procured by means of fraud,
notwithstanding any other provisions of law to the contrary. - The acceptance by the claimant of such award shall be final and conclusive on the claimant, and shall constitute a complete release by the claimant of any claim against the state and against the employee of the state whose act or omission gave rise to the claim
Time Limit to File:
A claim or suit must be filed within two years after the claim accrued.
Read the Fine Print:
While the above directions for filing a claim against the State of Iowa covers the majority of cases, it is worth reading the actual Act carefully, in case certain issues affect your case (see “exceptions’ within the Iowa Tort Claims Act).