Asked in Criminal Law and Personal Injury for Iowa

Q: On May 25, 2018 someone opened a car door into my daughter's lane of traffic causing her to hit the door resulting death

Is it too late to proceed in a criminal case against the person that opened the door

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1 Lawyer Answer
Stephen Douglas Lombardi
Stephen Douglas Lombardi
  • West Des Moines, IA
  • Licensed in Iowa

A: There is no way to answer your question. Only prosecutors have the power/authority to file criminal charges. You can file a report with the police, but only a prosecutor has the discretion to bring charges.

Has an estate been opened? The estate has the right to bring the action.

If instead of criminal charges you meant to ask about a civil action for damages, then it all depends on the state where your daughter lived or where the accident occurred. In Iowa there is a two-year statute of limitations period. May 25, 2018 plus two years is May 24, 2020. In Iowa it appears the two year time period has lapsed, but I would suggest you immediately schedule a time with an attorney to explore a more definitive answer.

I am doing Zoom meetings if you would like to speak with my office.

Otherwise, I wish you the best.

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