What a Des Moines slip and fall attorney does for your case
A slip and fall attorney in Des Moines represents you if you were injured on someone else's property and want to recover money for your medical bills, lost wages, and pain. They investigate what caused your fall, gather evidence like photos and witness statements, determine who was legally responsible, and negotiate with the property owner's insurance company. If a settlement offer is too low or the insurer refuses to pay, they file a lawsuit and represent you in court.
The attorney's job is to prove that the property owner knew about the hazard—or should have known about it—and failed to fix it or warn you. This is called negligence. In Des Moines, you have a limited time to file a lawsuit, so contacting an attorney early protects your right to pursue the claim.
Key Takeaways
- A slip and fall attorney investigates your injury, gathers evidence, and negotiates with insurance companies on your behalf.
- Most slip and fall attorneys in Des Moines work on contingency, meaning they take a percentage of your settlement or court award instead of charging you upfront.
- Iowa law gives you two years from the date of your injury to file a lawsuit, so waiting too long can cost you the right to sue.
- An attorney can recover damages for medical expenses, lost income, pain and suffering, and sometimes punitive damages if the property owner's conduct was reckless.
- You should contact an attorney within weeks of your injury, not months, because evidence disappears and witnesses' memories fade.
How contingency fees work and what they cost you
Most slip and fall attorneys in Des Moines take cases on contingency, which means they do not charge you money upfront. Instead, they take a percentage of what you recover—usually between 25 and 40 percent—if they win your case or reach a settlement. If they lose or recover nothing, you owe them nothing.
This arrangement protects you from paying legal fees out of pocket while you are already dealing with medical bills and lost income. However, you should ask the attorney in your first conversation what percentage they take, whether that percentage changes if the case goes to trial (it often increases), and what costs you may owe separately. Some attorneys charge you for filing fees, informed witness fees, or investigation costs even if you lose, so clarify this before you hire them.
The contingency model also means the attorney has a financial incentive to settle quickly or for less money if they believe a trial is risky. Ask how they decide whether to push for trial or accept a settlement offer, and whether you have final say on any settlement.
What evidence an attorney will gather and why it matters
An attorney's first step is to preserve evidence before it disappears. This includes photos of the hazard that caused your fall, the condition of the floor or surface, lighting, weather conditions on the day of the fall, and any visible defects. They will also request security camera footage from the property, which businesses often keep for only 30 to 90 days before recording over it.
They will interview you in detail about what happened, then contact witnesses who saw the fall or the hazard. They will obtain your medical records and bills to document your injuries and treatment. They will also research the property owner's maintenance records—whether they had reported the hazard before, whether they had been cited for safety violations, and whether they had insurance that covers this type of injury.
This evidence is crucial because the property owner's insurance company will argue that you were careless, that the hazard was obvious, or that the owner did not know about it. An attorney uses the evidence to counter these arguments and show that the owner was negligent.
How to find a slip and fall attorney in Des Moines
Start by searching for slip and fall attorneys or personal injury attorneys in Des Moines. The Iowa State Bar Association website has a lawyer referral service where you can search by practice area and location. You can also ask your primary care doctor or hospital for referrals, as they often work with attorneys who handle injury cases.
When you contact an attorney, most offer a free initial consultation. Use this call to ask about their experience with slip and fall cases, how many cases they have settled or won, and whether they have handled cases similar to yours. Ask how long they expect your case to take, what they think your case is worth, and what the next steps are.
Do not choose an attorney based on advertising alone. Look for someone with years of experience in personal injury law, a track record of settlements or verdicts in your area, and clear communication. If an attorney makes promises about the outcome or seems to rush you into hiring them, that is a warning sign.
The timeline from injury to settlement or trial
The process typically unfolds in stages. First, you meet with the attorney and they begin investigating. This phase usually takes two to four weeks. Next, your attorney sends a demand letter to the property owner's insurance company, describing your injury, the owner's negligence, and the amount you are seeking. The insurer then has time to respond, usually 30 to 60 days.
If the insurer makes an offer, your attorney will advise you on whether to accept it. If you reject it or the insurer refuses to pay, your attorney files a lawsuit in Des Moines District Court. From filing to trial can take six months to two years, depending on the court's schedule and how complex the case is. During this time, both sides exchange documents and evidence in a process called discovery, and you may be deposed (questioned under oath by the other side's attorney).
Many cases settle before trial. If yours does not, you and your attorney will prepare for trial, which typically lasts one to three days. The jury will decide whether the property owner was negligent and, if so, how much money you should receive.
What damages you can recover in a Des Moines slip and fall case
Economic damages are the concrete costs of your injury: medical bills, surgery, physical therapy, prescription medications, and lost wages while you recovered. You can also recover future medical care if your injury is permanent. Keep all receipts and bills, and ask your employer for a written statement of the wages you lost.
Non-economic damages cover pain, suffering, and reduced quality of life. These have no receipt, so the attorney and jury must estimate them based on the severity of your injury, how long you suffered, and how the injury changed your daily life. A broken leg that heals in three months is worth less than a spinal injury that causes chronic pain.
In rare cases where the property owner's conduct was reckless—for example, they ignored a known hazard for months despite complaints—you may recover punitive damages, which are meant to punish the owner and deter similar conduct. These are uncommon in slip and fall cases but possible.
Why timing matters: Iowa's statute of limitations
Iowa law gives you two years from the date of your injury to file a lawsuit. This important date is called the statute of limitations. If you do not file before two years have passed, you lose the right to sue, even if you have a strong case. The property owner's insurance company will not settle if they know the important date is approaching and you have not filed yet, because they can straightforward wait out the clock.
This is why you should contact an attorney within weeks of your injury, not months. An attorney needs time to investigate, gather evidence, and send a demand letter before considering a lawsuit. If you wait until month 20 or 21, you have little leverage, and the attorney may not have time to file before the important date.
The two-year clock starts on the date of your fall, not the date you discovered your injury was serious. If you fell on January 15, 2024, your important date is January 15, 2026, regardless of when you realized you needed surgery.
Questions to ask before hiring an attorney
Before you sign a contract, ask these questions in writing or in a follow-up email so you have a record of the answers. Ask what percentage they take if the case settles versus goes to trial. Ask whether you will owe costs for investigation, informed witnesses, or filing fees if you lose. Ask how often they will update you on your case and who you will communicate with—the attorney or a paralegal.
Ask whether they have handled cases involving the type of property where you fell (a grocery store, apartment building, restaurant, or workplace). Ask what they think your case is worth and what factors could increase or decrease that value. Ask how long they expect the process to take and whether they are willing to go to trial if the insurer's offer is too low.
Ask for references from past clients if possible, and check online reviews. Ask whether they are licensed to practice in Iowa and whether they have any disciplinary history. You can verify this on the Iowa State Bar Association website.
Frequently Asked Questions
Do I need an attorney, or can I handle a slip and fall claim on my own?
You can contact the property owner's insurance company yourself, but insurers are trained to minimize payouts and will take advantage of your lack of legal knowledge. An attorney knows how much similar cases are worth, what evidence to gather before it disappears, and how to counter the insurer's arguments. Most people recover more money with an attorney than without one, even after paying the contingency fee.
How much is my slip and fall case worth?
This depends on the severity of your injury, your medical expenses, lost wages, how long you suffered, and whether the property owner's conduct was reckless. A minor injury with a quick recovery might be worth a few thousand dollars, while a serious injury causing permanent disability could be worth tens of thousands or more. An attorney can give you a rough estimate after reviewing your medical records and the facts of your case.
What if the property owner says I was careless and caused my own fall?
Iowa follows a rule called comparative fault, which means you can still recover money even if you were partially at fault, as long as you were less than 50 percent responsible. For example, if you were texting and did not see a wet floor, but the owner failed to post a warning sign, you might be 30 percent at fault and the owner 70 percent at fault. You would recover 70 percent of your damages. Your attorney will argue that the owner's negligence was the main cause of your fall.
What happens if the property owner does not have insurance?
You can still sue the owner directly, but collecting money from an uninsured owner is difficult. Your attorney may pursue a judgment against them, which allows you to garnish their wages or place a lien on their property, but this process is slow and often yields little money. Ask your attorney whether pursuing an uninsured defendant is worth the time and cost in your case.
Can I settle my case without going to trial?
Most slip and fall cases settle before trial. Settlement is faster, costs less, and gives you certainty about the outcome. However, you have the right to reject any settlement offer and go to trial if you believe you deserve more. Your attorney will advise you on whether an offer is fair, but the decision is yours.