Iowa Suing an Abuser for Money

You may have a right to seek justice from the abuser through the civil court system. If a person is injured by someone else, the victim can sue the abuser for “damages.” This means money for things like:

• medical bills;
• lost wages or employment;
• physical and emotional pain and suffering; and
• in some cases, to punish the abuser.

Each state has its own laws on these subjects, but they are mostly similar when it comes to injuries from abuse.

One thing to know is that there are time limits for bringing lawsuits, called “statutes of limitations.” You may want to ask an Iowa lawyer about your state’s statutes of limitations.  

To file a civil lawsuit against an abuser, you will most likely need the help of a lawyer. Some lawyers will take a case like this for a “contingency fee.” This means that the lawyer doesn’t get paid unless you win in court. Then s/he takes some percentage, usually a third, of whatever damages the judge orders. Sometimes the judge will order the abuser (defendant) to pay for your attorney’s fees.

However, if your damages are below a certain amount, you may be able to file on your own in small claims court. Small claims court is a less formal type of court, and many people can go to small claims court without a lawyer.

In Iowa small claims court, you can file a claim for an amount of $6,500 or less.¹ If you want to sue for more, you will have to file in regular district court, and then you may need the help of a lawyer.

For more information about small claims court, the Iowa Judicial Branch website has information and forms to file a small claim or to defend against a small claim. You may also talk to the clerk of court in your county for help in filing a small claims case.

If you need help finding a lawyer who can take your case for a contingency fee, you can contact the National Crime Victim Bar Association. They can refer you to lawyers in your state who represent crime victims in lawsuits against abusers. (WomensLaw.org is unrelated to this organization.)

¹ Iowa Code § 631.1(3)