Understanding the Legal Framework for Wrongful Death Claims in Mt. Pleasant

Wrongful Death in Iowa: A Complex Legal Endeavor

Many states have made great efforts to simplify their personal injury laws. Throughout the nation, this has included everything from statute of limitations extensions to requiring no-fault insurance in car accident cases. Iowa isn’t the worst in the nation when it comes to such issues, but state law definitely complicates certain matters. That’s why it’s critical to understand the legal framework for wrongful death claims in Mt. Pleasant.

If you’ve lost a loved one due to another party’s negligence or wrongful acts, filing a claim for compensation is one of the few ways to hold them responsible. In fact, it’s the only way to demand accountability if no criminal charges are filed. Unfortunately, our state has complicated statutes regarding who can file such claims, the deadline for doing so, and a variety of other issues not seen in our fellow states.

This is why you should understand the legal framework of these claims — and this requires knowing the relevant laws, procedures, and requirements.

Who Can File a Wrongful Death Claim in Iowa?

In many states, any surviving family member can file a wrongful death claim on behalf of their lost loved one. Unfortunately, this is one of the areas where Iowa is a little more complicated. That’s because it’s the personal representative of the decedent’s estate who has the authority to file the case. This person can file on behalf of the surviving family members.

In many cases, a person chooses their own personal representative during estate planning. You may also hear this individual referred to as an “executor.” However, a court will have to appoint a personal representative if one isn’t specified in a person’s will. Fortunately, it’s often the case that a loved one can be appointed to handle this process.

What Needs to Be Proven?

A major part of the legal framework for wrongful death claims in Mt. Pleasant is establishing liability. If this isn’t accomplished, then the courts are unlikely to award damages. Similarly, an insurance company will probably not offer a fair settlement if they don’t think you can prove liability in court. There are three elements necessary to do this, including:

• Duty of care: This is a responsibility to avoid actions that could be harmful to others. For instance, motorists are expected to drive safely on the road. Similarly, doctors are expected to follow best practice guidelines.
• Violation of duty: Establishing liability requires showing that a violation of duty occurred. For instance, evidence may show that a motorist was speeding or that a doctor improperly administered anesthesia.
• Causation of harm: It’s possible for someone to violate a duty of care without causing harm. However, harm has certainly occurred when a victim dies. This could include physical, emotional, and financial harm.

When these elements are established in court, the defendant will likely be found liable for damages. However, this may not always be necessary. If liability seems clear, your attorney might be able to negotiate a fair settlement without litigation. Still, there are other factors to consider that could affect your ability to secure compensation.

Understanding the Statute of Limitations

A personal representative can file a claim or lawsuit on behalf of surviving family members. If their case is successful, the settlement or court award is typically divided among survivors based on Iowa’s intestate succession laws. It could also be divided as specified in a will. However, there is a deadline for engaging in this process.

One of the most important pieces of the legal framework of Mt. Pleasant wrongful death cases is the statute of limitations. Simply put, there’s a two-year deadline for filing a claim against negligent and liable parties. Failure to file within this time could result in the forfeiture of the right to do so. This is why it’s critical to seek legal help as soon as possible.

Types of Damages Available

When a wrongful death claim is filed within the statute of limitations, the insurance company may choose to offer a fair settlement. If they don’t, securing appropriate compensation may require litigation. In these cases, there are various types of damages possible:

• Special damages: These are economic damages meant to compensate for financial losses (e.g., medical bills, funeral expenses, loss of financial support).
• General damages: These are non-economic damages that focus on non-monetary losses (e.g., pain and suffering, emotional distress).
• Punitive damages: This court award is meant to punish the defendant rather than provide reimbursement for any specific loss.

These three types of damages are critical components of the legal framework of wrongful death claims in Mt. Pleasant. Surviving family members may not be able to secure all these damages, but an experienced attorney can help them understand what they may be entitled to.

How to Build a Strong Wrongful Death Case

It’s never easy to lose a loved one, and the financial and legal difficulties that follow don’t make things any easier. While money will never replace the tragic loss you’ve suffered, it can hold liable parties responsible for their actions. Securing financial compensation can also help you minimize some of the difficulties stemming from the loss of your loved one. However, this is only possible if you’ve got a solid wrongful death case.

To be successful in your legal efforts, it all comes down to proving the elements of liability and establishing the losses that occurred. This can be an incredibly difficult endeavor — particularly for those without a legal background. That’s why many people choose to work with a wrongful death attorney. Find yourself a legal professional who offers free consultations and doesn’t charge a fee unless they’re successful in your case.

At Cornell Injury Law, we understand the legal framework for wrongful death claims in Mt. Pleasant — and we’ll fight to secure the outcome you deserve. Contact us at 319-219-2800 to schedule your free consult.