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Seeking Compensation for Grieving Loved Ones
No matter what the circumstances are, losing a loved one is very painful. When a loved one’s death was due to an accident, that loss can feel even more heavy and overwhelming. The loss of their companionship and support is difficult enough, but the lost income and earning potential from your loved one can add another layer of financial stress to your devastating situation.
When a loved one dies because of negligence, surviving family members can file a wrongful death claim to pursue financial compensation. Damages like emotional distress, pain and suffering, and funeral costs can be claimed, forcing the negligent party to take responsibility for their actions. Working with a team of wrongful death attorneys is the best way to recover financial compensation.
At Cornell Injury Law, we understand just how difficult it is to lose a loved one. We know that recovering compensation won’t bring your loved one back; however, monetary compensation can help take the burden off you and your family members. To learn more about wrongful death claims and receive a free consultation, contact us at 319-946-4019 today.
Who Can Sue for Wrongful Death?
To pursue a wrongful death case, you must be found to be a “real party of interest.” A real party of interest includes close relatives who were affected by the deceased person’s death.
In Iowa, real parties of interest include:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
- The administrator of the deceased’s estate
In some cases, the administrator can file a claim on behalf of a family member. The reason for a real party of interest being established is to prevent distant relatives or friends from capitalizing upon a loved one’s death.
When filing a wrongful death lawsuit, you must prove your connection to the deceased and any monetary damages you faced because of their death. Wrongful death lawsuits are much easier to pursue with a personal injury attorney on your side. For more information, contact our law firm today.
What Are the Leading Causes of Wrongful Death?
Unfortunately, there are many causes for wrongful death claims. Accidents due to negligence or reckless behavior are eligible for wrongful death lawsuits. Our attorneys will review the circumstances of your loved one’s death to determine the leading cause of their injuries.
The main causes of wrongful death claims include:
Car Accidents
Motor vehicle accidents can cause injuries that lead to death. Many car accidents result in death, and surviving family members can file a lawsuit because of it.
Truck Accidents
Commercial trucks are larger than passenger vehicles, and truck accidents can cause fatal injuries. You may be eligible for compensation from the truck driver, trucking company, or truck manufacturer.
Bus Accidents
School and city buses do not have seat belts and other safety measures, making them dangerous. If your loved one’s death was due to a bus accident, you could recover damages from the bus driver or the bus company.
Motorcycle Accidents
Many motorcycle accident victims suffer serious injuries that can lead to death. Many motorcycle accidents happen because negligent drivers are not paying attention to the road.
Pedestrian Accidents
Motor vehicle drivers have a duty to watch for pedestrians on the sidewalks and roads. Negligent drivers who are texting while driving or otherwise distracted may hit and kill pedestrians, leading to a wrongful death claim.
Drunk Driving Accidents
Drunk drivers are inherently breaking their duty of care when they decide to use drugs or alcohol before operating a motor vehicle. If your loved one was killed by a drunk driver, you may be able to recover damages.
Medical Malpractice
Negligent healthcare workers can make mistakes that lead to death. Failure to diagnose and misdiagnosis can lead to death, making a healthcare worker or team the responsible party.
Defective Products
Defective or unsafe products have the potential to hurt consumers. Some products can even become deadly if they do not contain the proper warnings or instructions. You may be able to file a wrongful death suit if your family member was killed by a faulty or defective product.
Nursing Home Abuse
Elderly and disabled individuals trust nursing homes to take care of them. If your loved one was neglected or mistreated in a nursing home, and it led to their death, you may be able to seek compensation.
Aviation Accidents
An aviation accident involves airplanes, helicopters, or other flying aircraft. While these accidents are rare, aviation accidents can cause fatal injuries. You may be able to seek compensation for your loved one’s death.
Unsafe Premises
Building and land owners must safely maintain their properties for guests and customers. If your loved one died because of a lack of security or lack of hazard warnings, you may be entitled to compensation.
What is the Statute of Limitations for a Wrongful Death Case?
Like most personal injury claims, wrongful death cases are subject to a statute of limitations. This statute is the time frame in which an individual can seek compensation through the court system. After the statute of limitations is up, a court will no longer allow you to file a wrongful death claim.
For an Iowa wrongful death case, you must file your claim within two years of the date of your loved one’s passing. Many family members are still in the midst of grief and find it difficult to think about financial compensation so soon. However, it is highly recommended to seek out a team of personal injury attorneys immediately to begin pursuing your wrongful death case.
A wrongful death lawyer on our team would be happy to review your case and help you start holding negligent parties accountable. Pursuing a wrongful death lawsuit enables you to resolve financial difficulties and seek justice on your loved one’s behalf. The sooner you start building your case, the sooner you can file a wrongful death suit.
What Kind of Damages Can You Receive for a Wrongful Death Claim?
Damages include any monetary losses you experienced as a result of your loved one’s death. Your specific damages will depend on the unique circumstances of your loved one’s case. However, there are some common damages that victims seek in wrongful death cases.
The most common damages you can obtain in a wrongful death suit include:
- Medical costs for the care your loved one received before their death.
- Lost wages and loss of anticipated future income.
- Burial and funeral costs.
- Loss of benefits, including healthcare or pensions.
- Loss of services, like childcare, accounting, or security.
- Loss of consortium.
Medical expenses, burial expenses, and other economic expenses are easy to calculate. Non-economic damages, like loss of services and loss of consortium, can be more difficult to quantify. Our team of wrongful death lawyers can help you get financial compensation for your family member’s death.
If your loved one died because of extremely hazardous or dangerous actions, you may be entitled to punitive damages. Punitive damages are additional damages that are ordered to punish negligent parties. For example, if your loved one was killed by a drunk driver, the court may order the driver to pay punitive damages on top of other economic damages.
Who Can Be Sued for Wrongful Death?
Under Iowa law, you can file a wrongful death claim against a number of parties. You must be able to prove that the party acted negligently or wrongfully and that their actions led directly to your loved one’s death.
Generally, wrongful death lawsuits can be brought against:
- Individuals
- Companies
- Employees
- Government agencies
If your loved one’s accident involved motor vehicles, you may be able to file a claim against:
- The driver of the vehicle
- The manufacturer of the vehicle
- The designer of the roads
- The owner of the vehicle
Navigating a wrongful death lawsuit can quickly become complex, especially if you do not have a legal background. Hiring legal representation is the best way to seek justice on your loved one’s behalf. If your loved one experienced a fatal injury, contact legal counsel today.
What Does a Wrongful Death Lawyer Do?
After a loved one’s death, grieving families can face thousands of dollars in debt for medical costs, funeral expenses, property damage repair, and more. The experience of losing a loved one is not only painful emotionally but can leave families struggling to make ends meet. If your loved one was the primary earner, you may be wondering how to pay your bills or provide for yourself after they are gone.
Pursuing a wrongful death lawsuit is the best way to receive financial support and compensation for what you have gone through. The negligent party or parties who caused your loved one’s death deserve to see justice just as you and your family members deserve compensation.
Our wrongful death lawyers at Cornell Injury Law have years of experience representing clients in personal injury claims. We are confident that we can help you and your family members recover damages after your loved one’s death. To learn more about our team and receive a free consultation, contact our law firm today by calling 319-946-4019.