State file: Iowa

Wrongful Death Attorneys in Iowa: Your Complete Legal Guide

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2 years General deadline, as the table of this guide gives it. Exceptions are in the guide.

Iowa has no separate wrongful death statute. The claim is the deceased person’s own claim, which survives death and is brought by the estate’s legal representative; the damages belong to the estate, except that damages for the loss of the person’s services and support are divided by the court among the surviving spouse, children and parents. When a spouse, child or parent survives, the recovery is protected from the estate’s debts, with one exception for Medicaid. Claims against health care providers have their own limits, deadlines and an expert certificate requirement.

Iowa Wrongful Death at a Glance

Question Iowa answer
Legal basis Survival of the deceased person's claim (Iowa Code 611.20, 611.22)
Who files? The legal representative or successor in interest of the deceased (Iowa Code 611.22)
Where does the money go? To the estate, except loss of services and support, which the court apportions among spouse, children and parents (Iowa Code 633.336)
Debts Not subject to the estate's debts if a spouse, child or parent survives, except Medicaid reimbursement (Iowa Code 633.336)
General deadline Two years for injuries to the person (Iowa Code 614.1(2))
Health care providers Two years from knowledge or notice of the injury or death, six-year outer limit (Iowa Code 614.1(9)); certificate of merit within 60 days of the answer (Iowa Code 147.140); noneconomic damages limit (Iowa Code 147.136A)
Fault rule Barred only if the deceased's fault exceeds the combined fault of the defendants and released persons (Iowa Code 668.3)

How an Iowa Death Claim Works

Iowa’s starting point is a single sentence: “All causes of action shall survive and may be brought notwithstanding the death of the person entitled or liable to the same” (Iowa Code 611.20). The action is brought by “the legal representatives or successors in interest of the deceased,” and it is treated as “a continuing one,” accruing to the representative when it would have accrued to the deceased (Iowa Code 611.22). When the court allows a deceased person’s action to continue, it appoints a personal representative or allows a successor to continue it.

The practical consequence is that an estate representative or successor is the plaintiff in the death claim. Family members’ own loss-of-consortium claims are separate questions that this guide does not cover.

Where the Money Goes

Damages recovered because a wrongful act produced death “shall be disposed of as personal property belonging to the estate of the deceased” (Iowa Code 633.336). The statute then makes an exception:

  • Loss of services and support of a deceased spouse, parent or child is apportioned by the court among the surviving spouse, children and parents, “in a manner as the court may deem equitable consistent with the loss of services and support sustained” by each.
  • A parent’s share for the death of a child is subordinate to any recovery by the deceased child’s own spouse or child.
  • Debts. If the deceased leaves a spouse, child or parent, damages for wrongful death “shall not be subject to debts and charges of the decedent’s estate,” except amounts owed to the Department of Health and Human Services for medical assistance paid on the decedent’s behalf from the time of the injury until death.

Services and support of a spouse or parent. Iowa Code 613.15 allows recovery of “the value of services and support as spouse or parent, or both, … in such sum as the jury deems proper,” together with physician, nursing and hospital expenses. When the administrator is entitled to recover those elements, the spouse and children cannot also recover them in their own right.

Health Care Provider Cases

Damages limit. Iowa limits noneconomic damages against health care providers. When the jury finds that death warrants it, the noneconomic recovery for an occurrence may not exceed $1,000,000, or $2,000,000 if the action includes a hospital, regardless of the number of plaintiffs, derivative claims or defendants. The limit does not apply to a defendant whose actions constituted actual malice, applies to causes of action accrued on or after February 16, 2023, and increases by 2.1 percent each January 1 beginning in 2028 (Iowa Code 147.136A). Noneconomic damages for this purpose include loss of consortium.

Certificate of merit. In a personal injury or wrongful death action against a health care provider that needs expert testimony, the plaintiff must serve on each defendant, before discovery begins and within sixty days of the defendant’s answer, a certificate of merit affidavit signed by a qualified expert stating familiarity with the standard of care and that it was breached. Failing to substantially comply results, on motion, in dismissal with prejudice (Iowa Code 147.140).

Deadline. Claims against licensed physicians, nurses, pharmacists, hospitals and other listed providers for injury or wrongful death must be brought within two years after the claimant knew, should have known through reasonable diligence, or received written notice of the injury or death, whichever comes first, and never more than six years after the act or omission, unless a foreign object unintentionally left in the body caused the injury or death (Iowa Code 614.1(9)).

Other Deadlines

Actions founded on injuries to the person, including injuries to relative rights, must be brought within two years (Iowa Code 614.1(2)). The start date is not written into that subsection; it is set by court decisions this guide did not review.

A claim against a municipality, or its officer, employee or agent, for wrongful death must be commenced within two years after the alleged wrongful death, loss or injury (Iowa Code 670.5).

How Fault Affects the Claim

Iowa’s comparative fault statute bars recovery only when the claimant bears a greater percentage of fault than the combined percentage attributed to the defendants, third-party defendants and released persons; otherwise the damages are reduced in proportion. For claims for loss of services, companionship, society or consortium, the same test is applied to the fault of the person whose injury or death is the basis of the claim (Iowa Code 668.3(1)). The jury answers special questions allocating fault among all of them, including the deceased person.

The firm listings below are separate from the legal information above. Statements about the law in a firm description are not part of this guide’s legal review.

Top 3 Wrongful Death Attorneys in Iowa

1. LaMarca Law Group, P.C.

A premier litigation firm in Iowa, often handling the most complex and tragic wrongful death cases involving commercial trucking, biomechanical failures, and medical negligence. They employ top-tier accident reconstructionists and medical experts to build bulletproof cases that demand maximum compensation from juries.

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 survival and wrongful death actions aggressively.

3. Galligan Law

Brian Galligan and his team focus heavily on catastrophic injury and medical malpractice resulting in death. 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

Does Iowa cap wrongful death damages?

For health care provider defendants, yes: Iowa Code 147.136A limits noneconomic damages, with a $1,000,000 limit ($2,000,000 if a hospital is a defendant) available when the jury finds that death warrants it, for causes of action accrued on or after February 16, 2023.

Who receives the wrongful death money in Iowa?

The estate, as personal property, except that damages for loss of the person’s services and support are apportioned by the court among the surviving spouse, children and parents according to their losses.

Is the recovery protected from the estate’s debts?

Yes, when a spouse, child or parent survives, except for reimbursement of Medicaid medical assistance paid from the injury to the death.

When must the expert certificate be served in a malpractice death case?

Within sixty days of the defendant’s answer and before discovery begins, separately for each defendant, unless the time is extended by agreement or by the court for good cause.

Sources and Last Review

Iowa Code sections 147.136A, 147.140, 611.20, 611.22, 613.15, 614.1, 633.336, 668.3 and 670.5 (Iowa Code 633.336, Iowa Legislature). Legal information reviewed October 2026. This page is general information about Iowa law, not legal advice about a specific death.