§ 633.336 — Damages for wrongful death

Iowa § 633.336

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 633: PROBATE CODE

Text

When a wrongful act produces death, damages recovered as a result of the wrongful act
shall be disposed of as personal property belonging to the estate of the deceased; however, if
the damages include damages for loss of services and support of a deceased spouse, parent,
orchild, thedamagesshallbeapportionedbythecourtamongthesurvivingspouse, children,
and parents of the decedent in a manner as the court may deem equitable consistent with
the loss of services and support sustained by the surviving spouse, children, and parents
respectively. Any recovery by a parent for the death of a child shall be subordinate to the
recovery, if any, of the spouse or a child of the decedent. If the decedent leaves a spouse,
child, or parent, damages for wrongful death shall not be subject to debts and charges of
the decedent’s estate, except for amounts to be paid to the department of health and human
services for payments made for medical assistance pursuant to chapter 249A, paid on behalf
of the decedent from the time of the injury which gives rise to the decedent’s death up until
the date of the decedent’s death.

Legislative History

[R60, §4111; C73, §2526; C97, §3313; C24, 27, 31, 35, 39, §11920; C46, 50, 54, 58, 62, §635.9; C66, 71, 73, 75, 77, 79, 81, §633.336]