WRONGFUL DEATH COMPLAINT

(Iowa State Court – Template)

[// GUIDANCE: This litigation template is drafted for use in the District Court of the State of Iowa. It is formatted as a pleading and incorporates Iowa-specific wrongful-death and survival-action requirements. Replace every bracketed [PLACEHOLDER] with client-specific information and add or remove allegations as the facts dictate.]

CAPTION

IN THE IOWA DISTRICT COURT FOR [__] COUNTY

[PLAINTIFF’S FULL NAME], in the capacity of Administrator of the Estate of
[DECEDENT’S FULL NAME], Deceased, and on behalf of
all Eligible Beneficiaries of the Estate of [DECEDENT],

Plaintiff,

v. Case No. _____

[DEFENDANT #1 LEGAL NAME], a [STATE] [CORPORATE FORM];
[DEFENDANT #2 LEGAL NAME], an individual; and
JOHN/JANE DOES 1–5,

Defendants. COMPLAINT
(Wrongful Death – Jury Demand)

TABLE OF CONTENTS

1. Parties ............................................................................................. ¶ 1
2. Jurisdiction & Venue ........................................................................ ¶ 5
3. Definitions ...................................................................................... ¶ 8
4. Factual Allegations ......................................................................... ¶ 12
5. Causes of Action ............................................................................. ¶ 22
   • Count I – Negligence / Wrongful Death (Iowa Code § 613.15)
   • Count II – Survival Action (Iowa Code § 611.20)
6. Damages .......................................................................................... ¶ 38
7. Prayer for Relief ............................................................................... ¶ 45
8. Jury Demand .................................................................................. ¶ 49
9. Certification & Signature Block ....................................................... ¶ 52

[// GUIDANCE: The Table of Contents auto-generates in many word-processing systems. Update paragraph numbers after final edits.]

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. [__].

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

3. 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.

4. 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.

5. 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

6. This Court has subject-matter jurisdiction under Iowa Code § 602.6101 and § 613.15 because the action seeks damages for wrongful death occurring within the State of Iowa.

7. Venue is proper in [COUNTY] County under Iowa R. Civ. P. 1.801(2) because the acts or omissions giving rise to the claim occurred in this county and/or at least one Defendant resides or maintains its principal place of business here.

3. DEFINITIONS

8. “Wrongful Death Act” means Iowa Code § 613.15 and all applicable interpretive provisions.
9. “Survival Act” means Iowa Code § 611.20.
10. “Estate” means the Estate of [DECEDENT], Probate No. [__], pending in the Iowa District Court for [COUNTY] County.
11. “Eligible Beneficiaries” means those persons entitled to distribution of any recovery under Iowa law, including but not limited to the Decedent’s surviving spouse, children, parents, and heirs at law.

4. FACTUAL ALLEGATIONS

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

13. 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].

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

15. 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].

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

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

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

19. At the time of death, Decedent was [AGE] years old and enjoyed an average life expectancy of [XX.X] additional years as per the Iowa Life Tables.

20. Decedent provided financial support, services, companionship, and guidance to the Eligible Beneficiaries identified in Exhibit A attached hereto and incorporated herein.

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

5. CAUSES OF ACTION

COUNT I – NEGLIGENCE / WRONGFUL DEATH

(Iowa Code § 613.15 (2023))

22. Plaintiff realleges ¶¶ 1–21 as if fully set forth herein.

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

24. Defendants breached those duties as set forth above.

25. Defendants’ breaches were the direct and proximate cause of Decedent’s death.

26. Pursuant to Iowa Code § 613.15, the Estate is entitled to recover damages for:
    a. Loss of support and services;
    b. Loss of society, companionship, guidance, and consortium;
    c. Funeral and burial expenses;
    d. Interest accrued on such losses from the date of death; and
    e. Any other damages recoverable by law.

COUNT II – SURVIVAL ACTION

(Iowa Code § 611.20 (2023))

27. Plaintiff realleges ¶¶ 1–26 as if fully set forth herein.

28. Decedent’s personal injury claim survived death by operation of Iowa Code § 611.20.

29. As personal representative, Plaintiff is entitled to recover damages Decedent could have recovered had he/she lived, including:
    a. Pre-death conscious pain and suffering;
    b. Pre-death loss of earnings;
    c. Pre-death medical expenses; and
    d. Any other damages recoverable at common law.

6. DAMAGES

30. Plaintiff seeks judgment against Defendants, jointly and severally, in an amount that will fully and fairly compensate the Estate and Eligible Beneficiaries, including but not limited to:

a. Past and future loss of financial support;
b. Loss of household services;
c. Loss of companionship, society, guidance, and consortium;
d. Decedent’s pre-death pain and suffering;
e. Funeral and burial expenses;
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.

31. Statutory Damage Caps. To the extent this claim arises from medical negligence governed by Iowa Code § 147.136A, Plaintiff acknowledges the statutory limitation on noneconomic damages (currently $2,000,000 for claims involving a hospital and $1,000,000 for all other healthcare providers, indexed to inflation). Plaintiff pleads alternatively that:
    a. The cap is inapplicable because [explain, if asserting constitutional challenge or non-health-care case]; or
    b. Damages shall be awarded up to the statutory maximum, with economic damages uncapped.

[// GUIDANCE: Delete ¶ 31 if the case is not health-care related. If challenging the constitutionality of a cap, plead specific legal grounds.]

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;
C. Award pre- and post-judgment interest pursuant to Iowa law;
D. Award taxable court costs; and
E. Grant such other and further relief as the Court deems just and proper.

8. JURY DEMAND

32. Pursuant to Article I, § 9 of the Iowa Constitution and Iowa R. Civ. P. 1.902(2), Plaintiff demands a trial by jury on all issues so triable.

9. CERTIFICATION & SIGNATURE BLOCK

[// GUIDANCE: Iowa R. Civ. P. 1.413(1) requires an attorney signature certifying that reasonable inquiry has been made and the pleading is well-grounded in fact and law.]

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

[// GUIDANCE: Verification is optional unless required by local rule or to support specific allegations. Insert as needed.]

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

(Eligible Beneficiaries)

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

[// GUIDANCE: Attach additional exhibits—e.g., Letters of Appointment, incident reports, medical records—as required.]

IMPORTANT DRAFTING NOTES

[// GUIDANCE: Delete this section before filing.]

• “Indemnification,” “Arbitration,” and similar contractual risk-allocation provisions are inapplicable to a complaint and are therefore omitted.
• Iowa recognizes comparative fault; consider anticipating affirmative defenses by pleading facts negating contributory negligence.
• If suing a governmental entity, comply with Iowa Code ch. 669 or ch. 670 notice requirements.
• If the decedent’s estate is opened outside Iowa, ensure ancillary administration or personal-representative standing is perfected in Iowa before filing.

END OF TEMPLATE