How long do I have to file a wrongful death lawsuit in Iowa?

Most Iowa wrongful death claims must be filed within two years of the date of death. If the lawsuit is filed after this two-year period, courts will generally dismiss it. Special deadlines may apply to claims against government entities or in medical malpractice cases, so families are encouraged to seek legal guidance as early as possible. This answer is informational only and not legal advice.

What damages are available in an Iowa wrongful death case?

Iowa allows families to recover economic damages—such as medical expenses, funeral costs, and the loss of the decedent’s future earnings—as well as noneconomic damages for loss of companionship, guidance, and services. The estate may also claim the decedent’s pre-death pain and suffering and loss of future estate accumulation. Iowa generally does not cap wrongful death damages, except in medical malpractice cases where noneconomic damages are limited by statute. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Iowa?

In Iowa, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This representative brings the claim for the benefit of the surviving spouse, children, parents, and other heirs who suffered losses because of the death. Although only one person files the lawsuit, the recovery is shared among the beneficiaries according to Iowa law. This answer is informational only and not legal advice.

How long do I have to file a wrongful death lawsuit in Iowa?

Most Iowa wrongful death claims must be filed within two years of the date of death. If the lawsuit is filed after this two-year period, courts will generally dismiss it. Special deadlines may apply to claims against government entities or in medical malpractice cases, so families are encouraged to seek legal guidance as early as possible. This answer is informational only and not legal advice.

What damages are available in an Iowa wrongful death case?

Iowa allows families to recover economic damages—such as medical expenses, funeral costs, and the loss of the decedent’s future earnings—as well as noneconomic damages for loss of companionship, guidance, and services. The estate may also claim the decedent’s pre-death pain and suffering and loss of future estate accumulation. Iowa generally does not cap wrongful death damages, except in medical malpractice cases where noneconomic damages are limited by statute. This answer is informational only and not legal advice.

Who can file a wrongful death lawsuit in Iowa?

In Iowa, a wrongful death lawsuit must be filed by the personal representative of the deceased person’s estate. This representative brings the claim for the benefit of the surviving spouse, children, parents, and other heirs who suffered losses because of the death. Although only one person files the lawsuit, the recovery is shared among the beneficiaries according to Iowa law. This answer is informational only and not legal advice.

Iowa Wrongful Death Law Guide

Quick facts for Iowa

Who can file: In Iowa, wrongful death claims are brought by the personal representative of the decedent’s estate, for the benefit of the surviving spouse, children, parents, and in some cases other heirs.

Deadline to file: Most Iowa wrongful death actions must be filed within two years of the date of death.

Key statute: Iowa Code § 613.15; § 611.20

Types of compensation families may pursue

Medical and funeral expenses

Loss of earning capacity and future income

Loss of consortium, companionship, and guidance

Loss of services and support

Decedent’s pain and suffering

Loss of accumulation to the estate

Iowa generally does not cap wrongful death damages, except in medical malpractice claims where noneconomic damages have statutory limits.

Iowa wrongful death law: a guide for grieving families

A sudden death brings grief, unanswered questions, and new financial worries. Iowa’s wrongful death laws are designed to help families seek accountability and regain stability. This guide explains the essentials in plain English, so you don’t have to navigate the legal system alone during an already heavy time.

What is wrongful death in Iowa?

Under Iowa law, a wrongful death occurs when someone’s negligence or wrongful act causes a death, and the person could have filed a personal injury claim had they survived. These cases can arise from vehicle crashes, unsafe properties, medical errors, farm and machinery accidents, or defective products.

Who files the lawsuit?

Iowa uses a representative system:

The personal representative of the estate files the lawsuit.
They do so on behalf of the surviving family, which may include the spouse, children, parents, or other legal heirs.

Even though the representative files the case, the claim is meant to protect the interests of the family members who feel the emotional and financial impact of the loss.

What damages are available?

Iowa allows recovery for both economic and human losses:

Medical bills and funeral expenses
Lost earning capacity and future income
Loss of companionship, guidance, and emotional support
Loss of household services and practical support
The decedent’s own conscious pain and suffering
Loss of future accumulation to the estate

These categories try to reflect both the financial blow a family experiences and the enormous human loss of losing a loved one.

Are damages capped?

Most wrongful death actions in Iowa have no damages cap.
Medical malpractice cases have statutory caps on noneconomic damages.

Filing deadline

Most wrongful death actions must be filed:

Within two years of the date of death

Missing this deadline typically ends the case completely.

Taking first steps

Families often begin by:

Gathering incident reports and medical documents
Confirming who will serve as personal representative
Documenting financial and emotional impacts
Speaking with an Iowa wrongful death attorney early to protect deadlines

Disclaimer

This guide is informational and not legal advice.