How Much Is My Wrongful Death Case Worth in Iowa?

Those who have lost a loved one may be considering a wrongful death claim. In these cases, it's very natural to wonder how much a wrongful death claim may be.

It's true that no amount of money can make up for a loved one's death, but Iowa law does recognize the fact that this loss can put families into poor financial situations. Because of this, certain family members are able to file wrongful death settlements.

In order to file this type of personal injury claim, the loved ones must work with an experienced wrongful death attorney. In Des Moines, Tom Fowler Law works with grieving families to hold the responsible parties accountable for the death and to get a fair settlement. The legal process is confusing, but Tom Fowler can help. They can also assist with questions like How much is my product liability case worth in Iowa?

What Is a Wrongful Death Claim in Iowa?

A wrongful death claim occurs when a person dies as a result of another person's negligence or recklessness. It can also be an intentional act. In many cases, these involve:

• Car, truck, or motorcycle accidents

• Medical malpractice

• Dangerous property conditions (premises liability)

• Workplace or construction accidents

• Defective products

• Nursing home neglect or abuse

• Violent acts or criminal conduct

These claims are considered to be civil lawsuits, which means they are handled separately from any criminal charges that might be filed against the responsible party. In Iowa, the person who is the administrator of the deceased person's estate generally files the wrongful death claim on behalf of the surviving family members.

Who Can Recover Damages in a Wrongful Death Case?

The state of Iowa only allows certain people to seek justice and file a wrongful death case. These include:

• The spouse of the person who died

• Children of the person who died

• The parents of the person who died (If the deceased person wasn't married and doesn't have children)

• The estate of the person who died

To file a wrongful death lawsuit, the best wrongful death attorney in Des Moines may help the family go through the steps and understand the process.

What Factors Determine the Value of a Wrongful Death Case in Iowa?

It's difficult to give an average wrongful death settlement amount because every case is different. Most wrongful death settlements, however, are based on the following factors:

The Victim’s Age and Earning Capacity

A younger person who had many years left to work often get higher settlements due to lost future income. Courts will consider the decedent's job, their career trajectory, and their earning history.

Financial Support Provided to Dependents

When a person's death occurs and they have minor children that they support, a spouse, or elderly parents that they support, the value of that is factored into the case.

Medical and Funeral Expenses

Medical expenses and funeral costs are also factored into most claims.

Loss of Services

Another factor is loss of services. In this case, the household services the deceased person used to do, from cooking and cleaning to home repairs and maintenance, may also be considered. Families can get compensation for replacing these household services.

Loss of Companionship and Emotional Support

Non-economic losses like the loss of companionship or the loss of intimacy for a spouse or the loss of emotional support for children is also considered. These often form a significant part of a wrongful death claim.

Pain and Suffering Damages Before Death

If the person who died experienced pre death pain and suffering before they passed away, compensation is also usually part of the settlement.

Types of Compensation in an Iowa Wrongful Death Claim

Wrongful death damages fall into two main categories:

Economic Damages

These include:

• Medical bills related to the injury or illness that caused death

• Funeral and burial expenses

• Loss of income and future earnings

• Loss of pension, insurance, or benefits

• Loss of household services

Non-Economic Damages

These address the personal, emotional loss:

• Pain and suffering experienced by the deceased (if applicable)

• Loss of spousal companionship and intimacy

• Loss of parental guidance for children

• Grief and emotional distress of surviving family members (in limited cases)

With a wrongful death lawsuit, there is not a cap on damages, but there might be things like insurance policy limits, which come into play. A personal injury attorney can help surviving family members understand this. They can also help with answering questions such as How much is my bicycle accident case worth in Iowa?

How Much Are Wrongful Death Cases Worth in Iowa?

Following a wrongful act like a death, a law firm and injury lawyers can help the family get the best settlement possible. The attorney client relationship is important, and legal representation is the most important thing for a family to have as they work through this process. Here are some general expectations for wrongful death cases:

• Modest case (no dependents, limited income) -- $100,000–$300,000

• Working-age adult with surviving spouse and children -- $500,000–$1.5 million+

• High-income earner or complex dependency situation -- $2 million+

• Cases involving gross negligence or intentional acts (e.g., DUI) -- Can result in higher verdicts, especially if punitive damages apply

Keep in mind that these are only averages. The actual value of the financial compensation will depend on things like evidence, expert witnesses, and the skills of the lawyer.

How Long Does a Family Have to File a Wrongful Death Claim in Iowa?

A family must take wrongful death action within 2 years following the date of death, or they cannot file a claim. These cases have a lot of legal complexities, and a law firm will require time to look at the case, consider the guilty party's negligence, and gather evidence. This is why it's important to reach out to a lawyer as soon as possible.

Work With an Experienced Wrongful Death Attorney

Wrongful death cases are very difficult legally and emotionally. This is why having a personal representative for the family, like a knowledgeable attorney or legal team, is so important. They can help with so many things including:

• Insurance company disputes

• Settlement negotiations

• Corporate liability (e.g., hospitals or product manufacturers)

• Conflicting evidence about who is at fault

• Disputes among family members or with the estate

Tom Fowler Law is a firm in Des Moines that works with families dealing with a wrongful death claim. They can help recover compensation when a death resulted due to the wrongful conduct of another. Here are some of the services these compassionate attorneys offer:

• Respectful legal guidance during a painful time

• Thorough investigation of things like medical records and documentation of the claim

• Financial experts to calculate lost wages, services, and benefits

• Aggressive negotiation with insurers to ensure fair compensation

• Trial preparation if the case doesn’t settle fairly

Families don’t have to face this alone. Tom Fowler Law is here to handle the legal burden. Call today for a free consultation.