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Determining the Value of a Wrongful Death Claim in Iowa
The loss of a loved one is one of life’s most difficult experiences. It becomes more complicated when someone else’s negligence causes that death. In Iowa, wrongful death claims are a way for surviving family members to receive justice and compensation for the emotional, financial, and practical impacts of their loved one’s death. Many factors contribute to the potential value of a wrongful death lawsuit in Iowa, including financial losses, emotional damages, and unique legal considerations in the state.
What Is a Wrongful Death Claim?
In Iowa, a wrongful death occurs when a person dies as a result of the negligence, recklessness, or intentional actions of another. These claims often result from car accidents, medical malpractice, workplace accidents, or defective products.
Unlike criminal cases, wrongful death claims are civil lawsuits. The purpose is to hold the responsible party financially accountable rather than seeking criminal penalties like jail time. Wrongful death claims compensate the surviving family members for the losses they suffer due to their loved one’s death.
Who Can File a Wrongful Death Claim in Iowa?
Iowa law is specific about who can bring a wrongful death claim. The claim is filed by a representative on behalf of the surviving family members. Often, this is the executor named in the deceased’s will, but the court may appoint a representative if there is no will. The beneficiaries of a wrongful death claim usually include the deceased’s spouse, children, parents, or other dependents, with compensation from the lawsuit being distributed to those directly impacted by the death.
What Damages Are Available in a Wrongful Death Claim?
The compensation a family can receive in a wrongful death claim is based on different types of damages. These damages are split into two broad categories: economic and non-economic damages.
Economic Damages
Economic damages are the financial losses that result from the death. These are measurable costs that directly impact the family’s finances. In Iowa, economic damage often includes:
- Medical expenses: Any medical bills incurred before the deceased’s passing, including hospital stays, surgeries, or other treatments related to the accident or illness.
- Funeral and burial costs: These can include expenses for the funeral, burial, cremation, and other associated costs.
- Lost income and benefits: If the deceased worked and provided for their family, their future earnings and benefits are a significant part of the claim.
- Loss of inheritance: If the death prevents the family from receiving an inheritance or other future financial benefit from the deceased, this can also be factored into the claim.
Non-Economic Damages
Non-economic damages can be more difficult to calculate but no less important. They include the emotional and psychological impact of the death on the surviving family members. In Iowa, non-economic damages can include:
- Loss of companionship: This includes the emotional pain and suffering of losing a spouse, parent, or child. It accounts for the loss of the relationship, and the companionship the deceased would have provided.
- Loss of guidance and support: For children, the death of a parent often means losing emotional and moral guidance.
- Pain and suffering: In some cases, compensation is available for the pain and suffering endured by the deceased before their passing, as well as the emotional suffering experienced by surviving family members.
In most wrongful death claims, Iowa has no cap on non-economic damages, meaning the value can be significant depending on the circumstances.
Special Considerations for Iowa Wrongful Death Claims
Iowa has specific laws and factors that come into play when determining the value of a wrongful death claim. One of the most important is the statute of limitations, which allows two years from the date of the death to file a wrongful death claim. Failure to meet this deadline can mean losing your right to seek compensation.
Another key factor in Iowa wrongful death cases is comparative fault. If the deceased person is found to be partially responsible for their own death, the compensation amount may be reduced. Iowa follows a modified comparative negligence rule, meaning that the family cannot recover damages if the deceased is found to be more than 50% at fault. If the deceased is found to be less than 50% at fault, the damages will be reduced proportionately.
How Do You Calculate the Value of a Wrongful Death Claim?
How is the actual dollar value of a wrongful death claim determined? There’s no simple formula, but several factors help determine the amount.
Age and Health of the Deceased
Younger individuals with more years of earning potential often result in higher economic damages. Similarly, if the deceased was in good health, their projected life expectancy can be a factor in calculating damages.
Occupation and Earning Potential
The deceased’s income and career trajectory play a significant role in determining the value of the lost income claim. A higher-earning individual will generally lead to a larger claim.
The Relationship between the Deceased and Survivors
The closeness of the relationship between the deceased and the surviving family members can influence the non-economic damages, particularly the loss of companionship and emotional support.
The Circumstances of the Death
If the death involved particularly reckless conduct, this can sometimes result in larger non-economic damage awards or even punitive damages designed to punish the wrongdoer. However, punitive damages are not commonly awarded in Iowa wrongful death claims.
Get Legal Guidance from Cornell Injury Law
Losing a loved one is devastating, especially when someone else’s negligence caused their death. You shouldn’t have to navigate the legal system alone during this difficult time. Cornell Injury Law is dedicated to helping families in Iowa pursue justice and fair compensation through wrongful death claims. Call 319-946-4019 for a free consultation.
