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Who Can Sue for Wrongful Death in Iowa? Spouse of the Deceased. Minor or Adult Children of the Deceased Person. The Deceased's Parents. Administrator of the Deceased's Estate.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the ?preponderance of the evidence.?
Personal injury law addresses wrongful actions that injure others. Iowa follows a rule of comparative fault, meaning your own partial responsibility for the accident that injured you does not bar recovery of compensation unless your percentage of fault exceeded the fault of all others.
In Iowa, the right to file a wrongful death lawsuit isn't granted to just anyone. The law carefully outlines who can take on this responsibility. It's typically the executor or administrator of the deceased person's estate who initiates the lawsuit.