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My spouse was recently killed in a Des Moines traffic accident. How long do I have to file a wrongful death claim in Iowa?

You ask a good question because the law in Iowa, as in other states, limits the amount of time during which a wrongful death case may be filed. In Iowa, it is typically the executor of the decedent’s estate who has standing to file a wrongful death case. Generally, the executor of the estate has two years from the date of your spouse’s death to file the lawsuit. Please note that statute of limitations runs from the date of death and not from the date of the accident that ultimately resulted in death, though sometimes those dates are the same.

That said, it is important to contact an experienced Des Moines wrongful death attorney long before the expiration of the Iowa wrongful death statute of limitations. In other words, you do not want to wait to contact an Iowa wrongful death lawyer until you are almost at the second anniversary of your loved one’s passing. Instead, you should contact a Des Moines wrongful death lawyer as soon as possible after your loved one’s death so that your lawyer can investigate the accident which resulted in death and begin working on your fair settlement.

For more information about Iowa wrongful death law, please contact an experienced Iowa wrongful death lawyer today for a FREE consultation about your rights and possible recovery. We can be reached via this website or by calling 515-984-0091.

Jason F. Abraham
Managing Partner, Hupy and Abraham