Grieving the loss of a loved one is a terrible experience, and it hurts even more when it’s due to someone else’s carelessness. If you’re looking to file a lawsuit over the untimely death of a loved one, our law firm has experience handling these kinds of cases carefully and effectively.
Our Council Bluffs wrongful death attorneys are familiar with the financial hardship that sudden loss brings. Perhaps you are dealing with unpaid medical bills or relied on the decedent for financial support. No matter the circumstances, you have legal options to seek financial compensation.
Berry Law has handled wrongful death cases throughout central Iowa with empathetic and diligent legal support. In order to assess your case, we provide a free consultation. Throughout this difficult time, we will continue to be committed to fighting for the justice that is due.
Value of a Wrongful Death Case in Iowa
Although there isn’t a defined settlement sum for wrongful death cases, compensation is based on a number of variables. These elements often consist of:
- The level of negligence that resulted in a loved one’s death
- The severity of the emotional pain endured
- How much was lost financially
Fortunately, Iowa does not place a cap on the amount of money you can recover from a wrongful death claim. A personal injury attorney can represent your case to fight for the maximum amount of damages and for punitive damages if they apply.
Wrongful Death Claims: Definition and Common Causes
The negligence of others is taken into account as a cause of death when someone dies as a result of accidental injuries. For the purpose of compensating the families of the fatally injured for their financial and emotional suffering, negligent conduct may be brought up in a civil proceeding under Iowa Code § 633.336.
Our firm has handled cases involving wrongful deaths that resulted from the following circumstances:
Accidents involving bicycles, motorcycles, trucks, and pedestrians can result in wrongful death claims, regardless of whether the motorist was intoxicated or was simply going too fast. One of the parties involved in the incident may be held accountable for their behavior.
Hazardous Workplace Environment
Despite the fact that some jobs may have inherent risks, a certain level of safety is always required. Each year, reports on workplace fatalities are released by the Bureau of Labor Statistics. Workplace fatalities may result from a manufacturer’s defective product or failing to supply safety gear.
Anyone allowed onto a property is expected to be treated with a certain level of safety and care. Tragic events like animal attacks, slip-and-fall accidents, or other occurrences are possible.
Poorly designed, manufactured, and sold items with flaws cause major injury and occasionally even death.
Medical professionals are often pressured to perform under strict guidelines that increase patient intake efficiency but can cause improper treatment like prescribing the wrong medicines or not properly monitoring patients. Malpractice must be reported in order to prevent further harm.
Even minor injuries can permanently alter a person’s course in life. For those who have lost a spouse or other family member due to someone else’s negligence, our wrongful death attorneys in Council Bluffs will handle your case with appropriate care to help your family financially recover.
Parties Legally Entitled to File a Wrongful Death Claim
Across state lines, different people may be eligible to bring a wrongful death claim. Every state treats this issue differently, and every jurisdiction has its own wrongful death lawsuit. A few of the parties that might be eligible to bring a wrongful death claim are:
- Spouses: Typically, the spouse of the decedent has the first right to bring a wrongful death claim. In any state where relatives may immediately file a lawsuit, the surviving spouse normally has the ability to do so.
- Children: Children of a deceased person frequently have the same legal right to file a wrongful death lawsuit as the surviving parent. However, in certain states, a child can only file a claim if the surviving parent is unable or unwilling to do so.
- Parents and siblings: Siblings and parents of the decedent have limited rights to initiate a wrongful death lawsuit in most places. While some jurisdictions enable individuals to do so under certain conditions, others prohibit them from ever filing a wrongful death claim.
- Representative for an estate: Certain states do not allow the decedent’s surviving family to launch a wrongful death lawsuit under any circumstances. In these states, the estate has the right to initiate a wrongful death lawsuit.
When Is the Right Time to Contact a Wrongful Death Lawyer?
The responsible party and their insurance company commonly use abrasive or intimidation tactics towards the family of the decedent in a wrongful death case. This is typically a defensive strategy employed to avoid paying a just settlement or to reduce it significantly.
If the party that caused the wrongful death made your family a settlement offer, it is ideal to have a lawyer nearby to assess it. In the middle of your grief, you deserve fairness that is spearheaded by a top-rated wrongful death attorney in Council Bluffs, IA.
By retaining a law firm early, we will already know an estimate of much your wrongful death case is worth, what experts to work with to strengthen your claim, and can file all documentation in a timely manner to assist you in receiving the fullest settlement possible.
Evidence Needed to Prove Wrongful Death
Proving a wrongful death lawsuit is not always simple, but with the correct legal assistance, recovery on these claims is often feasible. To prevail in a wrongful death case, a plaintiff must demonstrate four factors, as with other negligence claims. These components are as follows:
- Duty of care
- Breached duty of care
- Cause connecting loss and breach of the duty
Should I Hire a Wrongful Death Attorney?
A wrongful death lawyer in Council Bluffs, IA, will assess the circumstances of your loved one’s case and devise a strategy to posture your claim for just compensation. It is strongly suggested to retain legal services as time is of the essence.
Most wrongful death claims in Iowa must be filed within two years of the date of death, according to the statute of limitations under Iowa Code § 614.1. If the claim is not filed before the statute of limitations expires, the court will most likely refuse to hear the case.
Contact Berry Law today to discuss your legal options in obtaining justice for the loss of your family member.