Wrongful Death Complaint - Iowa

WRONGFUL DEATH COMPLAINT

(Iowa State Court – Template)

CAPTION

COMPLAINT (WRONGFUL DEATH – SURVIVAL ACTION – JURY DEMAND)

TABLE OF CONTENTS

1. Parties ............................................................................................. ¶ 1
2. Jurisdiction & Venue ........................................................................ ¶ 6
3. Definitions ...................................................................................... ¶ 9
4. Factual Allegations ......................................................................... ¶ 13

5. Causes of Action ............................................................................. ¶ 23
   • Count I – Survival Action (Wrongful Death) (Iowa Code §§ 611.20, 611.22, 633.336)
   • Count II – Loss of Spousal/Parental Consortium (Iowa Code § 613.15 / § 613.15A)

6. Damages .......................................................................................... ¶ 40

7. Prayer for Relief ............................................................................... ¶ 47
8. Jury Demand .................................................................................. ¶ 51
9. Certification & Signature Block ....................................................... ¶ 54

1. PARTIES

1. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is the duly appointed and acting Administrator of the Estate of [DECEDENT NAME] ("Decedent") pursuant to the Letters of Appointment issued by the Iowa District Court for [COUNTY] County, Probate No. [___], and brings this action in that representative capacity pursuant to Iowa Code §§ 611.20 and 611.22.

2. At all relevant times, Decedent was a resident of [COUNTY], Iowa.

3. Plaintiff brings Count I on behalf of the Estate of Decedent, and brings Count II, to the extent applicable, on behalf of the surviving spouse and/or children identified in Exhibit A, pursuant to Iowa Code § 613.15 / § 613.15A.

4. Defendant [DEFENDANT #1] is a [corporation/LLC/etc.] organized under the laws of [STATE] with its principal place of business in [STATE] and doing business in Iowa.

5. Defendant [DEFENDANT #2] is an individual residing in [COUNTY & STATE], and was acting within the scope of his/her employment and/or agency for Defendant #1 at all times material.

6. John/Jane Does 1–5 are presently unknown persons or entities who may be liable for the occurrences alleged herein. Plaintiff will amend this Complaint to substitute their true names when ascertained.

2. JURISDICTION & VENUE

7. This Court has subject-matter jurisdiction under Iowa Code § 602.6101, which establishes the Iowa District Court as a unified trial court with exclusive, general, and original jurisdiction over civil actions, including this survival action for wrongful death and the related consortium claim.

8. Venue is proper in [COUNTY] County under Iowa Code § 616.18 (personal injury or damage actions) because Defendants, or one of them, reside or maintain a principal place of business in this county and/or the injury or damage giving rise to Decedent's death was sustained in this county.

3. DEFINITIONS

9. "Survival Statute" means Iowa Code § 611.20 (actions survive) and Iowa Code § 611.22 (actions by or against legal representatives — substitution), under which Decedent's own cause of action survived Decedent's death and is brought by Plaintiff as personal representative.

10. "Wrongful Death Damages Statute" means Iowa Code § 633.336, which governs the disposition and apportionment of damages recovered in this survival action.

11. "Consortium Statute" means Iowa Code § 613.15 (spouse/parent) and, if applicable, § 613.15A (child), which create a distinct cause of action for loss of services, support, companionship, and society.

12. "Estate" means the Estate of [DECEDENT], Probate No. [___], pending in the Iowa District Court for [COUNTY] County.

4. FACTUAL ALLEGATIONS

13. On [DATE], at approximately [TIME], Decedent was [describe activity – e.g., operating a motor vehicle eastbound on Highway ##].

14. At the same time and place, Defendant #2, acting within the scope of employment for Defendant #1, [describe negligent act – e.g., failed to obey a stop sign and collided with Decedent's vehicle].

15. Defendant #2 owed Decedent a duty of reasonable care under Iowa law.

16. Defendant #2 breached that duty by [acts/omissions], including but not limited to:
    a. [Driving at an excessive speed];
    b. [Operating a vehicle while distracted];
    c. [Failing to keep a proper lookout].

17. As a direct and proximate result of Defendants' breaches, Decedent sustained catastrophic injuries leading to death on [DATE].

18. Decedent experienced conscious pain and suffering between the time of injury and death.

19. Following the incident, Plaintiff incurred funeral and burial expenses in the amount of $[___].

20. At the time of death, Decedent was [AGE] years old and enjoyed an average life expectancy of [XX.X] additional years.

21. Decedent provided financial support, services, companionship, and guidance to the surviving family members identified in Exhibit A attached hereto and incorporated herein.

22. All statutory conditions precedent to bringing this action have been satisfied or waived.

5. CAUSES OF ACTION

COUNT I – SURVIVAL ACTION (WRONGFUL DEATH)

(Iowa Code §§ 611.20, 611.22, 633.336)

23. Plaintiff realleges ¶¶ 1–22 as if fully set forth herein.

24. Defendants owed Decedent statutory and common-law duties of care, including the duty to [operate a motor vehicle safely / provide competent medical care / etc.].

25. Defendants breached those duties as set forth above.

26. Defendants' breaches were the direct and proximate cause of Decedent's death.

27. Decedent's cause of action for these injuries and resulting death survived Decedent's death by operation of Iowa Code § 611.20 and is brought by Plaintiff, as personal representative, pursuant to Iowa Code § 611.22. The action is deemed a continuing one that accrued to Plaintiff, as representative, at the time it would have accrued to Decedent had Decedent survived.

28. Pursuant to Iowa Code § 633.336, damages recovered in this action shall be disposed of as personal property belonging to the Estate, except to the extent such damages are for loss of services and support of a surviving spouse, child, or parent, which the Court shall apportion equitably among the surviving spouse, children, and parents consistent with their respective losses.

29. Recoverable Estate damages include, without limitation:
    a. Decedent's pre-death conscious pain and suffering;
    b. Decedent's pre-death medical and hospital expenses;
    c. Decedent's pre-death loss of earnings;
    d. Funeral and burial expenses; and
    e. Any other damages Decedent could have recovered had Decedent survived, including the lost value of Decedent's future earning capacity reduced to present value.

COUNT II – LOSS OF SPOUSAL/PARENTAL CONSORTIUM

(Iowa Code § 613.15; Iowa Code § 613.15A, if applicable)

30. Plaintiff realleges ¶¶ 1–29 as if fully set forth herein.

31. This Count is a cause of action distinct from the Estate's survival claim in Count I. See Roth v. Evangelical Lutheran Good Samaritan Society, 886 N.W.2d 601 (Iowa 2016) (recognizing the "critical difference between the wrongful death cause of action and the consortium cause of action").

32. Pursuant to Iowa Code § 613.15, the surviving spouse and/or parent of Decedent — or, in the case of Decedent's own death, Plaintiff as administrator on their behalf — is entitled to recover the value of services and support lost as a result of Decedent's wrongful or negligent death.

33. [If Decedent is survived by a minor or adult child for whom Decedent held parental status:] Pursuant to Iowa Code § 613.15A, the surviving parent(s) of a decedent child are entitled to recover for the expense and actual loss of services, companionship, and society resulting from the child's death.

34. Recovery for these elements of damage under § 613.15 may not duplicate any recovery for the same elements to which the Estate, or its administrator, is otherwise entitled under Count I.

6. DAMAGES

35. Plaintiff seeks judgment against Defendants, jointly and severally, in an amount that will fully and fairly compensate the Estate and the surviving family members identified herein, including but not limited to:

a. Decedent's pre-death pain and suffering (Count I);
b. Decedent's pre-death medical and hospital expenses (Count I);
c. Funeral and burial expenses (Count I);
d. Loss of spousal or parental services and support (Count II, § 613.15);
e. Loss of a child's services, companionship, and society, if applicable (Count II, § 613.15A);
f. Pre- and post-judgment interest as allowed by Iowa Code § 535.3;
g. Court costs and all other relief the Court deems just and equitable.

36. Statutory Damage Cap — Health Care Provider Claims Only. To the extent, and only to the extent, this claim arises from the professional negligence of a "health care provider" as defined in Iowa Code § 147.136A, the total amount recoverable for noneconomic damages is subject to that section's limitation — currently $250,000, or up to $1,000,000 (or $2,000,000 where a hospital is a defendant) if the jury finds a substantial or permanent loss or impairment of a bodily function, substantial disfigurement, loss of pregnancy, or death that would otherwise deprive Plaintiff of just compensation; these limits increase 2.1% annually beginning January 1, 2028, and do not apply if the health care provider's conduct constituted actual malice. This cap does NOT apply to economic damages, and does NOT apply at all to non-health-care-provider wrongful death claims (e.g., motor vehicle, premises liability, products liability) — Iowa imposes no general statutory cap on compensatory wrongful death damages outside the health-care-provider context.

7. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court:

A. Enter judgment in favor of Plaintiff and against all Defendants, jointly and severally;
B. Award compensatory damages in amounts to be determined at trial on both Count I and Count II;
C. Award pre- and post-judgment interest pursuant to Iowa Code § 535.3;
D. Award taxable court costs; and
E. Grant such other and further relief as the Court deems just and proper.

8. JURY DEMAND

37. Pursuant to Article I, § 9 of the Iowa Constitution and Iowa R. Civ. P. 1.902, Plaintiff demands a trial by jury on all issues so triable.

9. CERTIFICATION & SIGNATURE BLOCK

Respectfully submitted this ___ day of __________ 20__.

[LAW FIRM NAME]

By: __________________________________________
    [ATTORNEY NAME], AT000[#####]
    [Firm Address]
    [City, State ZIP]
    Telephone: [###-###-####]
    Facsimile: [###-###-####]
    Email: [[email protected]]

ATTORNEYS FOR PLAINTIFF

VERIFICATION

CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of __________ 20__, I electronically filed and/or served the foregoing Complaint on all counsel of record using the Iowa Judicial Branch Electronic Document Management System (EDMS) and other appropriate means.

____________________________________
[ATTORNEY NAME]

EXHIBIT A

(Surviving Family Members)

1. [SPOUSE NAME], spouse, residing at [address].
2. [CHILD NAME], minor child, residing at [address].
3. [PARENT NAME], parent, residing at [address].
4. [etc.]

IMPORTANT DRAFTING NOTES

END OF TEMPLATE