In Iowa, a wrongful death claim is treated like a personal injury case, where the victim is no longer available to pursue their own claims. Instead, the family (or the estate of the deceased person) must bring the case to court on behalf of the deceased person. A wrongful death claim may be filed even if there is already a criminal case relating to the death. A wrongful death case must generally be filed within two years of the death.
Iowa allows the following parties to submit a wrongful death case: the administrator of the deceased person’s estate, the spouse and surviving minor of the deceased person, the adult children of a deceased parent, or the parents of a deceased minor or child.
The specific damages that are available upon pursuing a wrongful death case depends on who is filing. Damages relating to a wrongful death case may cover expenses such as: medical expenses for the deceased person, funeral expenses, lost wages, compensation for the loss of function of mind/body before death, costs relating to damaged property, pain and suffering. If you have lost a loved one as a result of wrongful death, give us a call. We will fight hard to see that you receive all of the financial compensation the law allows.