If you have lost a loved one due to someone else’s negligence in Iowa, understanding your legal rights is a critical first step toward justice. This guide covers Iowa’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Iowa’s wrongful death framework provides meaningful protections with no damage caps and a separate survival action, giving families a comprehensive path to full compensation.
Iowa Wrongful Death Laws
The Iowa Wrongful Death Statute
Iowa’s wrongful death law is governed by Iowa Code § 611.20. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file.
Statute of Limitations
Iowa imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Iowa allows recovery for pecuniary damages, loss of support, and loss of companionship. There are no caps on wrongful death damages in Iowa.
Survival Action
Iowa maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Iowa
1. LaMarca Law Group, P.C.
Location: Des Moines, IA
Phone: (515) 225-2600
Website: https://lamarcalawgroup.com
A premier litigation firm in Iowa, often handling the most complex and tragic wrongful death cases involving commercial trucking, biomechanical failures, and medical negligence. With no damage caps in Iowa, they employ top-tier accident reconstructionists and medical experts to build bulletproof cases that demand maximum compensation from juries.
2. RSH Legal (Rush & Nicholson, PLC)
Location: Cedar Rapids & Des Moines, IA
Phone: (800) 433-0283
Website: https://rshlegal.com
Known for their Fighting for Fairness approach, RSH Legal is highly specialized in fatal workplace accidents, nursing home abuse, and motor vehicle crashes. They publish guides on Iowa wrongful death laws to educate families and are highly skilled at setting up the estate and pursuing the separate survival and wrongful death actions aggressively.
3. Galligan Law
Location: Des Moines, IA
Phone: (515) 282-3333
Website: https://galliganlaw.com
Brian Galligan and his team focus heavily on catastrophic injury and medical malpractice resulting in death. Because Iowa does not cap damages, they are relentless in pursuing the full measure of pecuniary loss and the irreplaceable loss of companionship. They have a strong reputation for taking cases to trial if insurance companies refuse to offer fair settlements.
Frequently Asked Questions
Are there caps on damages in Iowa?
No. Iowa imposes no caps on wrongful death damages. Juries may award full compensation for pecuniary loss, loss of support, and loss of companionship.
Who must file the wrongful death lawsuit in Iowa?
The Personal Representative of the estate must file. Prompt probate appointment is needed before the lawsuit can be initiated.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney immediately. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Iowa’s wrongful death framework provides families with a comprehensive path to full compensation. The firms listed above have the experience and resources to maximize recovery. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.