Don’t Take Your Chances with Iowa’s Wrongful Death Statute of Limitations
Wrongful death claims can help with medical debt, funeral costs, and lost income, but they are about so much more than that. Your family’s wrongful death lawsuit gives you a chance to have your day in court, to ensure your loved one’s death doesn’t go unpunished, and to help protect your friends, family, and neighbors from similar losses.
However, wrongful death lawsuits are time-sensitive, and waiting too long to contact a wrongful death lawyer is risky. The Iowa wrongful death statute of limitations could run out and prevent you from bringing a successful case. Read more to learn about time restrictions on filing a wrongful death lawsuit, or contact the Law Office of Matthew A. Lathrop today to speak to a wrongful death lawyer and schedule your 100% free consultation.
The Iowa Statute of Limitations on Wrongful Death Claims
A statute of limitations is a type of law that determines how long a person has to initiate a legal action. Criminal and civil cases are subject to statutes of limitations set by Iowa state law. In the context of a wrongful death claim, families usually have two years from the date of the deceased person’s death to file a lawsuit.
If a wrongful death lawsuit is filed after the two-year statute of limitations has passed, it will most likely be dismissed upon the defendant’s request, even if you have an ironclad case and compelling evidence of liability.
Exceptions to the Iowa Wrongful Death Statute of Limitations
Iowa’s two-year statute of limitations applies to most wrongful death claims, but legislators have carved out some notable exceptions. As a general rule, the statute of limitations is waived when the cause of death is not obvious or apparent. For example, this could happen if:
- The defendant intentionally sought to conceal the decedent’s cause of death
- The family had no way of knowing their relative’s exact cause of death until after the statute of limitations had lapsed
Even if your claim could fit into one of these exceptions, defense attorneys very often seize every opportunity to obtain a dismissal. So, if your case wasn’t filed within the statute of limitations, you may still have to go to court to argue for an exception—costing you time and money, no matter the outcome.
Don’t take your chances: contact an experienced Iowa wrongful death lawyer today to schedule your free consultation and explore your options for effective legal relief.
How Wrongful Death Lawsuits Work in Iowa
Nobody plans for the early death of a spouse, parent, or child. After a fatal accident, it is often difficult to cover the costs of a loved one’s outstanding medical debt, funeral fees, and lost income. During this confusing time, it’s essential to get your questions answered by an experienced wrongful death lawyer.
Who Can File a Wrongful Death Lawsuit?
Iowa, unlike many other states, doesn’t always let family members file wrongful death claims on behalf of their deceased relatives. Instead, most lawsuits must be initiated by the decedent’s estate administrator. Sometimes termed the “executor” or the “personal representative,” the administrator is responsible for starting probate, paying the estate’s debts, and distributing inheritances.
If a wrongful death lawsuit succeeds, then the proceeds of any settlement or court award will be returned to the deceased person’s estate and distributed according to the rules of Iowa’s intestacy statutes. In most cases, funds will be allocated to the decedent’s closest living relatives, such as their spouse or children.
What Can My Family Recover if We File a Wrongful Death Lawsuit?
Iowa does not limit compensation in most wrongful death lawsuits.
If your family succeeds in establishing the defendant’s liability and either negotiating a settlement or obtaining a court-ordered award, you could be entitled to damages including, but not limited to, the following:
- Medical bills related to your loved one’s illness or death
- Funeral and burial fees
- Replacement for your relative’s lost wages, benefits, and other income
- Loss of companionship
- Loss of familial services, support, and companionship
- Emotional pain and suffering
Iowa may not cap wrongful death damages, but it does enforce a strict statute of limitations on filing claims. If you wait too long to contact an experienced wrongful death lawyer, the Iowa wrongful death statute of limitations could lapse, and you could lose your rights to recovery.
