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Erik Luthens
I obtain fair compensation for injured people.
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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.
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 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
- Parrish-Sams Luthens Law, P.C.
- - Current
- Shareholder
- Luthens Law Offices, P.C.
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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
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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Jurisdictions Admitted to Practice
- Iowa
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Fees
- Free Consultation
- Credit Cards Accepted
- Contingent Fees
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
Languages
- Spanish: Spoken, Written
Legal Answers
- Q. My small claims matter was just dismissed stating, this is not a small claims jurisdictional issue,this matter must be
- A: You need to immediately retain an attorney who handles family law matters.
- Q. Daughter's ex's name is on property & loan, but daughter has been paying 100% on it for over 5 years.
- A: Your daughter needs to retain a real estate attorney as soon as possible.
- Q. Are my lawyers entitled to part of the settlement pertaining to late workers comp payment penalties and future medical?
- A: Your lawyers are entitled to receive a portion of anything that they, through their efforts, obtained for you pursuant to the attorney fee agreement.
Websites & Blogs
- Website
- https://www.PSL-Law.com
Contact & Map