Posted on February 9, 2022 at 12:00 PM by The Biker Lawyers
The death of a loved one is devastating. When that death was caused by someone else’s negligence, it can be even more difficult.
If you lost a loved one in a fatal accident, you may be able to seek compensation through an Iowa wrongful death claim. However, you’ll have a limited time under Iowa law to make your claim or file a lawsuit.
If you lost a family member due to another person’s or company’s carelessness, you may have a legal claim for compensation called a wrongful death claim.
What is a Wrongful Death Claim?
A wrongful death claim is a legal action filed against whoever caused the death. Wrongful death claims are filed by surviving family members who have suffered a loss. The family is seeking justice for their loved one and compensation for their losses.
What is considered "Wrongful Death?"
Wrongful death occurs when someone dies because of someone else’s wrongful conduct. A person’s conduct is wrongful if it causes harm or injury to another person. For example, a negligent driver who causes a car accident that kills another person may be responsible for wrongful death because his driving violated the rules of the road.
Wrongful death claims are made under Iowa state law. They are designed to give surviving family members the chance to seek financial compensation for their losses resulting from the death of their loved ones.
Wrongful death cases are complicated. The other side will have attorneys working hard to deny your claim and minimize the amount they pay out in an Iowa wrongful death settlement.
Common Wrongful Death Claim Questions
Who Can Make a Wrongful Death Claim in Iowa?
Iowa law says only certain people can seek compensation after a wrongful death. They are:
- The spouse of the person who died;
- The children of the person who died;
- The parents of the person who died, and/or
- The executor of the estate of the person who died.
What damages are covered in a wrongful death case?
Damages can be sought based on multiple categories. Those categories of damages for which people may seek compensation include:
- Medical costs incurred before death;
- Pre-death pain and suffering;
- Loss of the deceased’s earning capacity and financial support;
- Loss of the deceased’s companionship, consortium, and advice;
- Loss of the deceased’s household services; and
- Interest on premature burial expenses.
How long do I have to file a Wrongful Death Claim in Iowa?
Again, the timing of your claim matters. In Iowa, you have a limited amount of time to make a wrongful death claim after your loved one’s death. The amount of time you have to make a claim depends on what caused the death. Although you may have two years to file a claim, it could be as little as six months, or even 90 days in some circumstances.
Once the claim is filed there are many more steps that must be taken. Gathering evidence, investigating the facts, and preparing the claim for settlement or trial takes time.
Hire an experienced wrongful death attorney to ensure you don’t miss any deadlines that could prevent you from getting justice or compensation for your loved one’s death.
Iowa Wrongful Death Claim Settlements
Settling a wrongful death claim is often preferable to taking a case to trial. Trials are risky and expensive, and juries can be unpredictable. Settlements allow both parties to control the outcome of their case, so they don’t have to worry about losing at trial.
If you choose to settle your wrongful death claim, the right wrongful death attorney can negotiate with the insurance company on your behalf. If a fair settlement offer is not made, you reserve the right to take your case to court.
Our wrongful death lawyers in Iowa and Minnesota can help you understand your legal options and protect your rights. We have the resources to build strong cases for compensation, negotiate a fair settlement, or take a case to court if necessary.
If you lost a loved one because of someone else’s negligence, we are here for you.
Contact a biker attorney today for a free consultation about your case.