Iowa Wrongful Death Lawyer

How is an Iowa wrongful death claim structured?

In Iowa, the administrator of the person's estate brings the main claim. Close family members may also have their own claims for the loss of the relationship, known as loss of consortium.

This structure is different from many states, where one claim covers everything. In Iowa, the estate's claim and the family members' claims are often brought together, but they cover different losses. If no administrator has been appointed, one must be named through probate, usually a family member. When minor children are involved, a court often must approve a settlement and how it is divided.

What can the estate recover?

The estate can generally recover the financial losses caused by the death. Common categories include:

• The amount the person would likely have saved and accumulated over a normal lifetime.
• Medical expenses from the final injury.
• Funeral and burial costs.
• The person's pain and suffering before death, in some cases.

Accumulations are calculated after subtracting what the person would have spent on their own living expenses, so the figure is often smaller than total lifetime earnings. Proving future savings requires careful work. Tax returns, pay stubs, retirement statements and the person's career path help an economist estimate what the person would have accumulated.

What can family members recover on their own?

Spouses, children and parents may bring their own claims for loss of consortium. These claims cover the loss of companionship, care, guidance, support and services the person would have provided.

• A spouse can claim the loss of the marriage relationship and household services.
• Children can claim the loss of a parent's care, guidance and support.
• Parents can claim the loss of a child's companionship, including in some cases an adult child.

Each consortium claim belongs to the family member, not to the estate, which affects how any recovery is divided. Evidence of the relationship matters. Photos, letters, family routines and the testimony of friends and coworkers help show what each family member lost.

How long does an Iowa family have to file?

Generally 2 years. The deadline does not pause while a criminal case or investigation is pending.

If the death involved medical care, the malpractice rules apply, including the certificate of merit and the 2023 cap on noneconomic damages. Our Iowa medical malpractice page explains those rules. If a government entity was involved, special claim procedures may also apply.

How does fault affect the family's recovery?

The recovery is reduced by any share of fault assigned to the person who died, and it is barred if that share is more than 50% of the total.

Here is an example. A worker is killed when a semi runs a stop sign at a rural intersection. The total damages are valued at $1,200,000. The carrier argues the worker was speeding. If the jury assigns 25% of the fault to the worker, the family and estate recover $900,000. At 50%, they recover $600,000. At 51%, they recover nothing.

Truck data, skid marks, sight lines and witness statements usually decide that split.

What if there is also a criminal case?

The criminal case and the civil case are separate. The criminal case is brought by the state to punish the person responsible. The civil case is brought by the estate and family to recover compensation.

The civil case uses a lower burden of proof, so a family can win even without a criminal conviction. A conviction can help, but waiting for it can risk the 2-year deadline. Police reports and reconstruction from the criminal investigation often help the civil case. Families may also ask for restitution in the criminal case, though it rarely covers the full loss.

Common causes of Iowa wrongful death claims

1. Truck and car crashes on interstates and rural roads. See our Iowa truck accident page.
2. Farm accidents, including grain bin entrapment and equipment rollovers.
3. Factory and meatpacking plant accidents.
4. Medical errors and nursing home neglect.
5. Falls, fires and unsafe conditions in homes and businesses.

If the person who died was working, workers' compensation death benefits usually apply against the employer, but a separate claim may exist against another company.

First steps for a grieving family

• Keep the death certificate, police report and medical records.
• Do not give recorded statements to any insurance company.
• Gather pay stubs, tax returns and retirement statements.
• Ask about opening an estate if no administrator has been named.

Our general wrongful death guide and our main Iowa page explain more. Our team offers a free case review, and there is no fee unless we win.