For most motorists on the road, the likelihood of being involved in a car crash is relatively high. Unfortunately, many of these incidents end in fatalities. The loved ones left behind are left grieving and often wondering what to do about the medical bills, expenses, and the loss of their loved one’s income.
During the aftermath of a tragic accident, it’s important to ensure your rights are protected and that you have legal representation you can rely on. An Iowa fatal car accident lawyer will be able to guide you throughout the entire claims process.
The Iowa wrongful death lawyers of Berry Law can assist you in filing a claim for financial compensation after a deadly car accident. We have helped many Iowa families to recover compensation after fatal traffic accidents, and we may be able to assist you.
You Can Pursue Justice and Compensation in a Wrongful Death Claim
Our Iowa fatal car accident attorneys help those who have suffered the pain of losing a loved one due to another person’s irresponsible behavior. We fight to maximize the compensation you receive after a tragic loss.
If someone close to you has been tragically killed in a car crash caused by someone else’s negligence or carelessness, an experienced fatal car accident lawyer can assist you in protecting your legal rights. We understand the complex and sensitive nature of these cases.
Whether you are pursuing damages from an insurance company, an individual, a corporation, a workplace, or a combination of the above, we are equipped with the resources to help you.
How Is a Civil Claim Different than a Criminal Case?
A fatal car accident case can take two very different paths, depending on the severity of the crash and the fault attributed to either party. A civil case is a claim or lawsuit brought against another party seeking financial compensation for harm caused that involves monetary damages, such as in a wrongful death suit. Criminal cases involve serious breaches of public safety laws punishable by imprisonment or fines, not just monetary damages like a civil case.
It’s important for any family recovering from the loss of a loved one in an auto accident to remember criminal justice does not automatically reimburse them for their losses—this requires the help of a personal injury attorney in Iowa to help you file an insurance claim or wrongful death lawsuit in court.
Negotiations With Insurance Companies
Negotiating a wrongful death claim with an insurance company can be challenging as they are primarily in business to generate profits. Although accepting a settlement may seem like the easiest route, it is important to prevent being taken advantage of by insurance companies.
However, an Iowa car accident wrongful death lawyer can help to protect your rights. Your attorney can deal with the insurance company and negotiate on your behalf.
What If They Try to Blame My Loved One for the Crash?
Iowa’s system for determining who is accountable for a car accident follows the doctrine of comparative negligence. This means that the amount of damages awarded is then reduced by a percentage corresponding to their share of fault.
For example, if a person is 25% at fault for an accident, they would only receive 75% of the total damage costs. Therefore, you can see how an insurance company might be motivated to try to push some of the blame for an accident onto the fatal car accident victim. An Iowa fatal car accident lawyer will understand what is needed to fight back against these allegations. We have the resources to collect evidence and present a solid legal argument.
Who Can File a Lawsuit in Iowa After Losing a Loved One in a Fatal Car Accident?
In Iowa, the deceased’s personal representative (or “executor”) must initiate a wrongful death action. If there is no designated personal representative (because, for example, the dead was a minor with no assets) or no valid will, the court will appoint a representative.
What Damages Can I Recover in an Iowa Wrongful Death Case?
The types of damages that may be recovered in a wrongful death lawsuit include:
- Medical expenses before the death
- Funeral and burial expenses
- Compensation for the loss of services and support of the deceased
- Loss of society and companionship
- Grief and mental distress
- Other relevant damages
- Other factors courts consider in awarding damages include:
- The age and life expectancy of the deceased
- The health and condition of the decedent
- The circumstances surrounding the death
There are no strict limits on the amount of damages that can be awarded in a wrongful death case in Iowa. It depends heavily on the specific facts and circumstances of each case. Working with a fatal car accident lawyer in Iowa can help ensure you collect the maximum compensation possible.
Contact an Iowa Fatal Car Accident Lawyer for a Free Consultation
Wrongful death claims are complex and can be difficult to prove. It is essential to have experienced legal representation who understands Iowa law as well as the various types of damages that may be recovered from a wrongful death action.
At Berry Law, our attorneys have substantial experience handling wrongful death claims throughout Iowa.
It is our goal to help you obtain fair and just compensation for all losses suffered as a result of wrongful death. We will work with you every step of the way, keeping you informed throughout the process, and fight hard for full compensation for every loss experienced.