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Anytime a person is injured due to someone else’s negligence, the injured victim is able to file a personal injury claim to recover compensation for their injuries and pain and suffering. However, when a person loses their life due to the negligence of another person, surviving family members also have the option of filing a wrongful death lawsuit against the responsible parties. At Trial Lawyers for Justice, we are here to help if you need a Des Moines wrongful death attorney. Let our law firm work to secure the compensation you deserve. Contact us online or call us today for a free consultation.
Choose Trial Lawyers for Justice to help you through this
At Trial Lawyers for Justice, we have extensive experience helping families with their Des Moines wrongful death claims.
- We understand how important Des Moines wrongful death cases are, and it is our job to work with families to ensure they receive enough compensation for what has happened.
- We have won hundreds of millions of dollars in compensation for our clients, including a $40 million verdict for the wrongful death of a 33-year-old son.
- We take all Des Moines wrongful death cases on a contingency fee basis, which means there are no legal fees until we secure compensation on your behalf.
What will an attorney do to help?
Filing and winning a wrongful death lawsuit in Des Moines can be incredibly complicated. However, a skilled wrongful death lawyer will have the resources necessary to thoroughly investigate the case. They will obtain all evidence necessary to prove liability.
Importantly, your Des Moines wrongful death lawyer will work with financial and economic experts to properly calculate total losses and future expected losses. Using this information, they will negotiate with all parties involved to recover maximum compensation good.
Understanding Des Moines wrongful death claims
In Iowa, a “wrongful death” occurs anytime that death is caused by negligent or wrongful actions of another person, company, or entity. Wrongful death claims in Des Moines, Iowa may be brought by:
- The administrator of the deceased person’s estate
- The surviving spouse and minor children of the deceased
- The adult children of a deceased parent
- The parents of a minor or adult child who is deceased
At Trial Lawyers for Justice, our wrongful death lawyers regularly help family members who have lost loved ones as a result of the following incidents:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Medical negligence
- Medication errors
- Construction accidents
- Defective products
- Premises liability incidents
Wrongful death claims in Iowa must be filed within two years from the date of a person’s death. Any claims not filed within this two-year statute of limitations will result in family members being unable to recover compensation for their losses.
A discovery rule, however, may extend your deadline. If you do not discover the cause of your loved one’s death until later, the clock will not start ticking until the date of discovery. Discuss your exact deadline with our lawyers as soon as possible.
It is important to point out that a civil wrongful death claim can be filed regardless of whether or not the alleged negligent party is facing criminal charges and whether they are found guilty or not guilty.
Who Is Liable?
Liability is something you or your wrongful death lawyer will need to determine and prove before you may obtain compensation in Iowa. If your loved one died in an auto accident, for example, you will need to establish the fault of another party before collecting damages. Depending on the circumstances of the fatal accident, you may be able to name many different parties as the defendant in your wrongful death case.
- A criminal
- An employer
- A drunk or reckless driver
- A dram shop
- A product manufacturer
- A property owner
- A hospital or doctor
- A nursing home
- The City of Des Moines
- The State of Iowa
Establishing fault for wrongful death generally requires enough proof of the defendant’s duty of care to your loved one, breach of this duty of care, and causation for his or her death to convince a jury that these elements are more likely to be true than not true. Your family will have the duty to prove the defendant did not act with reasonable care and that this is why the fatal accident occurred. A wrongful death lawyer from Trial Lawyers for Justice can help with this burden of proof.
Some cases involve shared liability between multiple parties. Iowa’s joint and several liability law states that if a defendant bears more than 50% of fault for an injury or death, he or she will be independently responsible for paying 100% of the victim’s economic damages. A defendant will not be jointly and severally liable for noneconomic damages, however. At Trial Lawyers for Justice, we can help you determine liability to hold the correct defendant(s) accountable.
How will you be compensated?
If you have lost a loved one due to the careless or negligent actions of another person, company, or entity, there may be various types of compensation available for your case. At Trial Lawyers for Justice, our compassionate and experienced team has extensive experience helping family members recover the following:
- Funeral and burial expenses
- Loss of future income and benefits of the deceased
- Cost of any pre-death medical expenses
- Pain and suffering damages
- Loss of companionship damages
- Loss of consortium damages
- Possible punitive damages against a grossly negligent party
The value of your Iowa wrongful death claim will depend on several factors. Some of the most relevant include the cost of your loved one’s related medical expenses, his or her income level, and how old the victim was at the time of passing. Our attorneys can evaluate your case to provide an accurate estimate of its worth. Then, we will do what we can to recover the amount we believe your family deserves for the fatal accident.
How to Build a Case After the Death of a Loved One
It can be difficult to detect the signs of wrongful death if you are not a lawyer with experience investigating and handling these claims. Look for signs of negligence, wrongdoing, intent to harm or carelessness in connection with the fatal accident. If the answers you receive to questions about the accident seem unclear or unusual, contact an attorney about possible wrongdoing. We can investigate further to let you know if we believe someone is responsible for causing the death.
Once you suspect wrongful death, gather as much information as you can about the fatal accident. Obtain copies of related police reports, accident reports, official photographs, video footage, workers’ compensation claims, medical records, insurance reports, and funeral and burial bills. Your lawyer will want as much documentation as you can collect to start building a claim. Contact a lawyer right away to make sure you meet Iowa’s deadline to file. Your lawyer can take things over from there.
Contact Us Today
Trial Lawyers for Justice is a dedicated team of attorneys who care about families in Des Moines. We have built a reputation as a top law firm for personal injury, wrongful death and medical malpractice cases. We provide compassionate, committed legal services tailored to each client’s unique needs. Find out how we can help you after a tragic fatal accident involving your loved one.
If you need a Des Moines wrongful death attorney, you can contact us for a free consultation of your case by clicking here or calling 866-854-5529.
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