It is never easy to deal with the death of a loved one. Things get even tougher when families find out that the said loved one was killed in an accident caused by the negligence of a third party.
Depending on the circumstances and the evidence present, you can pursue a wrongful death claim through a personal injury attorney in Urbandale, IA, or other nearby areas in the state. Tom Fowler Law starts things off with a free consultation to discuss case parameters with you and determine the best possible outcome.
If you want to see justice served, contact the team via phone at (515) 203-8434 to connect with a top-tier attorney today!
Understanding the Concept of Wrongful Death
The wrongful death concept speaks to a situation where negligence or illegal actions lead to the death of another person. Assault, car accidents, truck accidents, etc. often lead to wrongful death claims being filed by attorneys.
Law firms engaged in these kinds of legal issues tend to be seeking monetary compensation for their clients. The case and desired settlement can span two distinct areas, which explains the kind of aggressive representation provided by a wrongful death attorney.
First, there's a personal injury element to it. Wrongful death falls under the umbrella of a serious injury, though parameters surrounding medical bills may be slightly different.
Next, you may be dealing with a lost wages element, where the person who died because of someone else's negligence was a breadwinner, and the family's earning capacity has been adversely affected. This is akin to workers' compensation.
Eligibility for Filing a Claim Through IA Wrongful Death Lawyers
A personal injury law firm can provide you with information on who can file claims where a wrongful death lawsuit is concerned. Some of the parties who may legally get involved include:
Parents and Siblings
Of all the groups, parents and siblings of injured Iowans have the least say. In a typical family structure, these people are the least likely to be financially affected by the terminal injuries of the victim.
Wrongful death lawyers often work with spouses. Unlike parents and siblings, a suffering spouse can bring a wrongful death claim and have the first right to do so.
Technically speaking, as a dependent, a child can proceed to bring a claim forward with as much right as a parent. However, they are typically not allowed to do so unless the surviving parent is unable to.
Representative of the Estate
Depending on how the estate was set up, family members of the deceased may see claim limitations imposed. In these cases, the estate must file a suit against the defendant on behalf of the family.
Proving Wrongful Death
It can be quite difficult to prove this kind of personal injury matter. Any legal claim being made must be solidified without the presence of a victim who has been lost to death. However, if you retain a professional who has been practicing law for some time, the fight for compensation becomes a much more straightforward affair.
See the four areas below that a plaintiff must consider.
Duty of Care
An example here is the responsibility of drivers of commercial trucks to drive safely. A driver who is exercising the required duty helps to keep people safe from occurrences that may require a wrongful death lawsuit later.
Breach of Duty
The wrongdoing here shows that the negligent party was responsible for the accident because of careless or malicious behavior.
No matter how much a plaintiff may wish to hold a defendant accountable, damages must be limited to those directly caused during the accident. A court never awards damages to an injured party that no proof of occurrence exists for.
Before you look to get paid money in the form of a settlement, you must demonstrate what is causing you to suffer and the costs associated with it. the lawyer representing you helps you to gather the required information to prove that you are entitled to the compensation you're seeking.
Contact a Top-tier Personal Injury Lawyer in IA for Your Wrongful Death Claim
Tom Fowler Law is dedicated to helping people who have lost loved ones in wrongful death situations to get the maximum compensation they deserve. Schedule a free consultation today with this wrongful death lawyer in Des Moines.
State bar associations are great places to verify the credentials of a law firm. You can always reach out to the respective state bar association to get a feel for what clients can expect and the kind of reputation the said law firm has.
Recognition from other professionals in the industry and a long history make Tom Fowler Law highly recommended for your wrongful death case.
If you're in one of the designated practice areas such as Des Moines, West Des Moines, or Urbandale, IA, pick up the phone and call (515) 203-8434 for your free consultation with a standout attorney today!
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Frequently Asked Questions (FAQ)
Is Wrongful Death a Crime in Personal Injury Law?
Wrongful death does not fall under the crime umbrella by default. Nevertheless, certain extenuating circumstances may create an occurrence where a criminal investigation may spawn from a wrongful death investigation.
At its core, a wrongful death suit is a civil lawsuit. A negligent party is at fault and creates a situation where someone dies. Wrongful death lawyers then represent the affected family members in a bid to get proper compensation.
While there are no related practice areas to personal injury that may constitute a criminal act in this instance, a homicide, for example, can end up having a wrongful death component.
Are Wrongful Death Lawyers Mandatory?
Other cases before yours would demonstrate the effectiveness of legal representation in Iowa and what it means for the ability to settle these kinds of cases after an injury leads to an unwarranted death.
However, no law mandates hiring a lawyer. If you want the best chance to win your case, it's essential to understand why wrongful death lawyers are so effective and essential in negotiating settlements.