Wrongful Death

Compassionate Legal Help After the Loss of a Loved One

Losing a loved one is one of life’s most painful experiences. When someone else’s careless actions cause a family member’s death, the grief can be even harder to bear. You may feel angry, confused, overwhelmed, and unsure where to turn next.

At RSH Legal, our Iowa wrongful death lawyers help families through the legal process after the unthinkable has happened. We know you’re not just thinking about a lawsuit. You’re trying to find answers, protect your family’s future, and hold the responsible party accountable. An experienced attorney can guide you each step of the way.

What Is Considered a Wrongful Death Under Iowa Law?

A wrongful death happens when someone is killed because of another person or company’s careless, reckless, or intentional actions.

This could happen in many ways, including:

• Crashes involving motor vehicles or motorcycle crashes
• Drunk driving accidents or distracted driving accidents
• Dangerous property conditions
• Medical malpractice
• Nursing home neglect or abuse
• Defective products
• Workplace accidents
• Fatal falls
• Assaults or violence

If the death had not happened but for someone else’s bad actions, the law may allow the surviving family to file a wrongful death claim.

Who Can File a Wrongful Death Lawsuit in Iowa?

In Iowa, wrongful death claims must be brought by the administrator of the deceased person’s estate. This is the person named in the will or appointed by the court if there is no will. The estate brings the claim on behalf of the deceased person’s heirs.

These are usually the spouse, children, or parents. These family members may be entitled to compensation for things like lost financial support, burial and funeral costs, and pain and suffering. If no one is named in the will, a court may appoint a personal representative, often a close family member, to file the personal injury claim. It is important to seek legal counsel with a lawyer as soon as possible so this process can begin quickly.

What Can You Recover in a Wrongful Death Case?

Wrongful death damages in Iowa are meant to help families recover from both financial and emotional loss. Depending on the case, you may be able to recover:

Economic Damages

These are the measurable costs related to the person’s death:

• Medical bills related to the final illness or injury
• Interest on Funeral and burial costs
• Lost the income person would have earned
• Loss of future financial support and benefits (such as insurance or retirement income)
• Lost services the person provided, like child care or household work

Non-Economic Damages

These damages are about the emotional impact of the death:

• Loss of companionship and care (also known as “loss of consortium”)
• Emotional distress the person experienced before death
• Pain and suffering the person experienced before death
• Loss of parental guidance, comfort, and support

Punitive Damages

In rare cases, if the wrongdoer acted especially recklessly or on purpose, Iowa courts may award punitive damages. These are meant to punish bad behavior and discourage similar actions in the future. For example, if someone was driving under the influence of alcohol or drugs and caused a fatal accident, punitive damages might apply.

How Long Do I Have to File a Wrongful Death Claim in Iowa?

In Iowa, the statute of limitations for wrongful death claims is generally two years from the date of the bad act. This deadline is strict. If you wait too long, you may lose your right to recover any damages.

There are very few exceptions to this rule. That is why it is important to talk with an experienced wrongful death lawyer in Iowa as soon as possible. An attorney can make sure deadlines are met, evidence is preserved, and your family’s rights are protected.

How an Iowa Wrongful Death Lawyer Can Help

Wrongful death cases are complicated. They involve both legal and emotional challenges, and you should not have to face them alone.

Here is how a lawyer can help your family:

1. Investigate What Happened

We gather police reports, witness statements, medical records, and expert opinions to understand how your loved one died and who is responsible. We may work with accident reconstruction experts, engineers, or forensic specialists.

2. Build a Strong Case

We show how the wrongful death has impacted your family financially, emotionally, and physically. We work with economists and other professionals to calculate your total losses.

3. Negotiate with Insurance Companies

Most wrongful death claims are settled with insurance companies. We handle all communications and negotiations to make sure they do not take advantage of you. We push for the full amount you deserve and advise you before accepting any offer.

4. Take the Case to Trial (Only If You Want To)

If a fair settlement cannot be reached, we are ready to take your case to court. We have years of trial experience in Iowa courts and know how to present your case effectively.

However, if you don’t want to go to trial, you don’t have to. We can settle your case without ever going to court. It is always your choice.

5. Give You Peace of Mind

Most of all, we help relieve your burden. We manage the legal process so you can focus on your family and your healing.

Common Wrongful Death Situations in Iowa

Every wrongful death case is unique. Here are some of the most common types of wrongful death claims we handle:

Motor Vehicle Accidents

Iowa sees thousands of crashes every year, many caused by speeding, drunk driving, or distracted driving. If someone else’s driving led to your loved one’s death, you may have a strong wrongful death claim.

Truck Accidents

Semi-truck crashes are often deadly. We investigate the driver, the trucking companies, and all safety records to determine what went wrong and who is responsible. Trucking companies and their insurers often fight these claims aggressively, so having legal representation is key.

Motorcycle Accidents

Motorcyclists are vulnerable on the road. When careless drivers do not watch for bike riders, the results can be tragic. We fight to prove fault and recover maximum compensation.

Medical Malpractice

Doctors and hospitals sometimes make fatal mistakes. These mistakes can be anything from misdiagnosing a condition to making surgical errors. These are complex cases that require deep legal and medical knowledge. We work with medical experts to show what should have been done differently.

Nursing Home Neglect and Abuse

Wrongful deaths can happen in care facilities. Bedsores, dehydration, overmedication, or failure to monitor can all lead to preventable deaths. We hold facilities accountable for understaffing or improper care.

Workplace Accidents

While workers’ compensation is usually the first path after a job-related death, in some cases you can also bring a wrongful death lawsuit, especially if a third party (not the employer) caused the harm. For example, if a subcontractor or equipment manufacturer is to blame.

What Makes a Strong Wrongful Death Case?

Several key factors help make a wrongful death case stronger:

• Clear evidence of a party’s negligence or wrongdoing
• Prompt investigation and preservation of evidence
• Expert testimony from medical, economic, or safety professionals
• Proof of financial and emotional harm 
• A skilled legal team with experience in Iowa courts

Wrongful death claims can be complex, so it’s worth speaking to a lawyer about your potential case. An experienced wrongful death attorney will analyze your case and give you answers.

Tips for Families After a Wrongful Death

Losing a loved one is overwhelming. Here are some practical tips to help protect your legal rights in Iowa:

1. Do not talk to insurance adjusters alone.
2. Save all paperwork, including bills, accident reports, and letters.
3. Keep a journal of how the loss is affecting your family.
4. Appoint an estate representative as soon as possible.
5. Contact a lawyer early to start the legal process and meet important deadlines.

Why Choose Us as Your Iowa Wrongful Death Law Firm?

We know that no amount of money can bring your loved one back. But we believe strongly in justice and in helping families recover and rebuild.

When you hire us:

• You get personal attention from a real trial lawyer and an experienced case manager
• You will not owe us anything unless we win your case
• You will be treated with compassion, respect, and honesty
• We will fight for a fair settlement for you and your loved ones

Let us take care of the legal fight so you can focus on healing. We fight for fairness for many Iowa families, and we are ready to fight for your family, too.

Frequently Asked Questions (FAQs) About Iowa Wrongful Death Claims

How long does a wrongful death case take in Iowa?

It depends. Some cases settle in months. Others take longer, especially if they go to trial. A good lawyer will work as quickly as possible while still building the strongest case.

How much is a wrongful death case worth in Iowa?

Every case is different. The value depends on the person’s income, the impact on the family, and the circumstances of the death.

Can more than one surviving family member sue?

No. In Iowa, only the estate’s representative can file the lawsuit, but the damages go to the rightful heirs, usually the spouse, kids, or parents.

What if my loved one was partly at fault?

Iowa follows a rule called comparative fault. As long as your loved one was less than 51 percent at fault, you may still recover damages, though the amount may be reduced.

Do I need to go to court?

The majority of wrongful death cases are settled out of court. But if the insurance company does not make a fair offer, going to trial may be necessary. Your lawyer will guide you through the best path forward but know it is always your decision whether or not to go to court.

Seek Justice With a Free Consultation With an Iowa Wrongful Death Lawyer

You are going through one of the hardest times of your life. We understand, and we are here to help you get full and fair compensation. Call us today for a free, no-obligation case evaluation. We will listen to your story, explain your options, and help you decide what is best for your family.

You do not have to go through this alone. Let a trusted Iowa wrongful death attorney stand by your side and fight for the justice your loved one deserves.

Tim Semelroth

Board-Certified Trial Attorney

Pressley Henningsen

AV-Rated Trial Attorney