Wrongful death cases are much different from other types of personal injury claims. Pursuing a lawsuit after a loved one's death can be emotionally and physically exhausting, with many affected parties feeling as though they are fighting an uphill battle. Determining the liable individual or entity is the first obstacle that plaintiffs must overcome, as this will help identify the person responsible for compensating in a wrongful death case.
Tom Fowler Law and our top-rated personal injury attorneys in Des Moines, Iowa, understand that no amount of money will bring back your loved one, but pursuing a claim or lawsuit can bring closure to you and other family members. Contact us to discuss your wrongful death case and learn more about your legal options. We're also able to discuss who pays for a dog bite in Iowa.
Understanding Wrongful Death in Iowa
Considered to be legal terminology, "wrongful death" is a term used to indicate a person's death caused by another's negligence or wrongful act. The personal injury law in Iowa provides a remedy in the form of financial compensation for the death of a loved one due to reckless actions by another.
It's important to understand that a wrongful death claim or lawsuit is a civil matter, which means that the prosecutors may also decide to pursue charges in a criminal court depending on the facts surrounding the case.
Common Causes of Wrongful Deaths in Iowa
Wrongful deaths can occur due to many reasons, but the law allows for financial recoveries in case of the following:
Negligence (car accidents, slip and fall incidents, and bike crashes, among others)
Medical malpractice (negligence by the doctor, staff, or hospital)
Intentional actions (criminal actions carried out by the defendant)
Who Is Eligible to Pursue an Iowa Wrongful Death Case?
Unlike many states where the surviving family members may be able to pursue wrongful death claims or lawsuits, Iowa has a different set of laws, which can affect eligibility. Typically, the personal representative, also referred to as the executor or administrator, has the right to bring a wrongful death action.
The decedent's will or estate plan often names this individual in case of financial recovery. However, in some situations, the deceased person may not have designated someone in their will. When that happens, the court can appoint a personal representative.
The Types of Damages Available in an Iowa Wrongful Death Claim
Typically, an injured victim may be able to recover economic and non-economic losses in a personal injury lawsuit. However, the type of damages available to the affected parties in a wrongful death claim depends on the facts surrounding the case.
Generally, the personal representative of a decedent's estate may be able to recover the following losses in an Iowa wrongful death lawsuit:
Medical and hospital expenses prior to the death of the decedent
Lost wages and loss of future earning potential
Burial expenses and funeral costs
Pain and suffering
Loss of companionship
Besides the abovementioned economic and non-economic losses, the court may also award punitive damages if the defendant's actions were intentionally reckless or grossly negligent. This is to punish the individual and deter others from carrying out similar acts in the future. Our team can also provide insight on who pays for a work injury in Iowa.
Who Pays for a Wrongful Death in Iowa?
Under the law, the party liable for the wrongful death in Iowa will be responsible for the damages caused. This can vary from one case to another, which is why investigating the incident is incredibly important.
A wrongful death could occur following a car accident. If so, the negligent driver must pay for the economic and non-economic damages. However, a wrongful death due to medical malpractice would mean filing a claim or lawsuit against the hospital's insurance company.
The key to successfully building a wrongful death case is to determine the liable party by investigating the traumatic incident and proving negligence. If the affected parties fail to prove that the defendant was careless in their actions, resulting in the death of their loved ones, they may lose their chance to seek damages.
Typically, the personal representative of the decedent's estate will file a wrongful death claim against the negligent party's insurance company. The insurer will then assign the case to the adjuster, who will investigate to determine whether to deny compensation or offer a settlement.
That said, not all wrongful death lawsuits are straightforward. Some can become incredibly complicated to handle due to multiple negligent parties, especially if the defendant involves a government agency.
Another thing to remember is that the plaintiff's chances of making a financial recovery are limited if the defendant doesn't have a valid insurance policy. Since insurers often cover the damages caused by their policyholders, an accident caused by an individual without insurance can further complicate legal matters.
In such situations, the personal representative of a decedent's estate may need to pursue an Iowa wrongful death case against the defendant personally. This presents another challenge: whether the negligent party has enough assets to cover the damages incurred.
If the defendant doesn't have a good financial position, filing a wrongful death lawsuit against them could waste time and resources. Depending on the situation, it may be better to tap into other sources of compensation, such as the decedent's additional car coverage or health insurance.
How Long Does the Personal Representative Have to Pursue a Wrongful Death Lawsuit in Iowa?
When someone kills another person intentionally or unintentionally, the law provides a remedy in the form of wrongful death claims. However, it's crucial to pursue legal action within a certain period of time.
Under the statute of limitations, the personal representative of the deceased person's estate may be able to bring wrongful death lawsuits within two years following the date of the decedent's death. The court may refuse to hear their case if they fail to file a claim or lawsuit during this period.
It's crucial to understand that certain exceptions can put a hold on the statute of limitations or reduce the time available to pursue wrongful death claims. An experienced wrongful death attorney can assess the facts surrounding the case and guide the affected party on the days, months, or years they have left to bring civil action.
Is There a Need to Hire a Personal Injury Attorney to Pursue a Wrongful Death Claim or Lawsuit?
While Iowa law allows affected parties to represent themselves in a wrongful death case, it's essential to understand that navigating legal pitfalls without a personal injury attorney can be challenging. Not only must loved ones cope with their grief, but they also need to build a strong case or lawsuit and pursue it. This can be physically and mentally taxing.
Another problem that affected parties must handle is the insurance company. Since the adjuster will use every tactic to reduce or deny the wrongful death claim, the personal representative must be ready to provide substantial evidence to counteract their arguments and increase their chances of a fair recovery.
While most wrongful death claims end up being settled outside of the court, some defendants may fail to offer a reasonable settlement. When that happens, an attorney can handle negotiations and work in the best interest of the deceased person's family.
Tom Fowler Law Is Ready to Take on Your Wrongful Death Claim and Provide Closure Following Your Loved One's Death!
If you've lost a loved one due to another's negligence in Des Moines, Iowa, call us to schedule a free consultation with an experienced personal injury attorney and hold the liable party accountable for the death of your loved one!
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