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.

• 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

Parrish-Sams Luthens Law, P.C.

2020 - Current

Shareholder

Luthens Law Offices, P.C.

1991 - 2020

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. My ex-spouse died 2 years ago and my divorce attorney had not sent a correct QDRO form for a GE Retirement fund.

October 23, 2024

A: How did your attorney “admit guilt?” If your attorney alerted his/her professional liability insurance carrier of the situation, you should have been reimbursed by now. Generally speaking, the statute of limitations for pursuing a legal malpractice claim is five (5) years from when you know or should have known of a potentially negligent act by your attorney.

Q. I have been mowing a ladies lawn cut trees down for her trimmed trees for 2 years without being paid can I put a lien

November 9, 2023

A: Did you have a written agreement with the property owner for compensation? Did you have any type of an agreement? Have you invoiced the property owner for your services?

Q. Can I sue in small claims court(or larger)for breach of contract against my daughters’ former dance studio? $10k wasted

March 16, 2023

A: I absolutely understand your frustration- both of my daughters danced on competitive teams for several years (my wife was also the varsity dance coach at Urbandale High School for several years). However, this is not a matter to be litigated in court (small claims or otherwise). If I were you, I would focus on finding a different studio with which my daughters were happy.