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Who Gets the Money in an Iowa Wrongful Death Lawsuit?

Posted By Farl Greene - 03.25.21

After your loved one has died in a wrongful way in Iowa, you may want to file a wrongful death lawsuit to get justice. We understand that no price tag can be placed on your loved one and no amount of money can bring them back, but holding the person who killed your loved one responsible is important.

Who Can File a Wrongful Death Claim in Iowa?

Before you decide to file a lawsuit, it’s important to understand how Iowa law works with wrongful death claims. In Iowa, only certain parties can collect compensation for someone’s death.

These parties could be:

  • The administrator of the deceased person’s estate
  • The spouse of the deceased
  • The minor children of the deceased
  • The adult children of the deceased, and/or
  • The parents of a deceased minor or adult child.

If you were not related in one of the ways listed above to the deceased, you won’t be able to file a wrongful death lawsuit in Iowa.

How Much Time Do I Have to File a Lawsuit?

After a wrongful death, you only have a limited amount of time to get compensation. In Iowa, you generally have two years from the date of your loved one’s death to file a lawsuit or settle your claim. This is known as the statute of limitations.

If you do not file a lawsuit or settle your case by then, you can lose out on being compensated for your harms and losses. This date is meant to resolve the situation in a timely manner, so it doesn’t carry on for years or decades.

What Damages Could I Receive from a Wrongful Death Settlement?

Depending on your relationship to the deceased, there are a variety of damages you could receive in a settlement. These could include:

  • Medical expenses, if your loved one was in the hospital or otherwise treated before they died
  • Funeral expenses, including lost interest on premature burial expenses
  • Pain and suffering, if your loved one did not die immediately
  • Compensation for loss of function to the body or mind before your loved one’s death
  • Lost value of the estate
  • Loss of companionship or comfort (also known as loss of consortium)

If more than one party is eligible to receive compensation after a wrongful death, there may need to be discussions and decisions about the amount allocated to each party in a settlement. Sometimes families can disagree on the amounts they feel they’re entitled to receive. 

Wrongful death claims in Iowa are complex matters, and you need to worry about healing from your loss. That’s why we recommend hiring an experienced Iowa wrongful death attorney to deal with the insurance company and get you a fair settlement.

To get a free, no-obligation case evaluation from one of our Iowa wrongful death lawyers, contact RSH Legal today at 1-800-433-0283.

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