Wrongful death is a legal liability claim or cause of action that may be made in a civil lawsuit (noncriminal case) for money damages against a person or entity whose negligence or intentional act wrongfully caused the death of the deceased person (the decedent).
Wrongful death claims may allow a deceased tort victim’s estate, surviving parents, children, and spouse to recover damages for their losses from the victim’s death.
Laws regarding wrongful death claims vary from state to state. In many states the legislature has enacted statutes (laws) governing any recovery for wrongful death. And in some states the law regarding recovery for wrongful death may be located in the state’s court opinions (also known as case law, common law, or judicial decisions).
In Iowa, wrongful death claims are governed by Iowa Code Chapter 633.336 and 633.337, which allow the estate of the deceased person to bring a lawsuit against the party responsible for the death. The damages recovered can include expenses such as medical and funeral costs, as well as compensation for the pain and suffering of the deceased before death, and the loss of financial support and companionship for the surviving family members. The beneficiaries of such a claim typically include the spouse, children, and sometimes parents of the deceased. It is important to note that there is a statute of limitations for filing a wrongful death claim in Iowa, which is generally two years from the date of death. However, there are exceptions that can extend or shorten this period, so it is advisable to consult with an attorney to understand the specific time limits that may apply to a particular case.