A loved one's death is one of the most painful experiences a person can ever go through. At times, the only thing that can help is trying to understand why a friend or family member passed away, but that can also lead to further pain.
Finding out that a loved one died because of someone else's carelessness is almost too difficult to bear for most people. It opens up a lot of questions as to why that happened, and how best to get through the situation. At times like this, it is best to find a personal injury attorney before doing anything further.
In West Des Moines, IA, Tom Fowler Law is among the best names in family law, and dealing with wrongful death claims is something we are very used to. From cases of medical malpractice, motor vehicle accident victims, and even workers' compensation cases, we have assisted thousands of people to get fair compensation.
Here is all you need to know about how to get the best personal injury lawyer to fight for your loved one's rights.
What Is a Wrongful Death Claim?
In simple terms, it is when a person dies as a result of another person's negligence. This can result in close relatives of the deceased bringing a class-action lawsuit against the person responsible.
Sufficient evidence of negligence, or carelessness, is required before fair compensation can be awarded to the victim's family. There are many different causes of negligence leading to death that wrongful death attorney in Des Moines have to deal with every day, some of which are as follows:
Motor Vehicle Accidents
These account for the bulk of negligence claims made in Des Moines, IA. The road has always been a dangerous place, but the actions of some individuals, for example, in a truck accident, make it even worse. If it can be proved that a driver caused someone's death by being reckless, negligent, or otherwise extremely careless, then damages can be awarded to the victim's family.
Medical Malpractice
At Tom Fowler Law offices, we have handled such a large number of cases regarding doctors and other hospital staff being sued for medical malpractice, that we are now considered one of the best Waukee medical malpractice lawyers. Come in for a free initial consultation if a doctor has caused the death of a loved one.
Workplace Accidents
An employer must ensure the safety of their workers whenever they are going about their duties in and around the work premises. Failure to do so can result in the injury or, in this case, death of a worker, which would result in the company being held liable for damages to the victim's family.
What Does Iowa Law Say?
The personal injury law statute in Des Moines, IA allows only a personal representative, named in the victim's estate, to bring charges of wrongful death against the responsible party. In cases where no such representative exists, one will be chosen by the court.
A more common scenario though is where the family of the injured party, for example, their children or spouse, pursue the claim themselves, as long as one is named as the representative.
Is There a Statute of Limitations?
In Waukee, IA, the statute of limitations regarding a wrongful death claim is exactly two years from the day of the incident. This is not a very long time considering the amount of work that the family and their personal injury lawyer need to do to launch a successful lawsuit.
If negligence is suspected, for example in a case of medical malpractice, there is a lot of evidence that needs to be presented within this period; otherwise, it will not be possible to claim damages. Going to a medical malpractice lawyer for a free consultation as soon as possible is advisable.
Compensation for a Wrongful Death Claim
As an experienced Iowa attorney with an exceptional legal career, Tom Fowler has assisted many medical malpractice and accident victims to win huge settlements in court for loss of life due to another's negligence. Generally, damages can be awarded for the following types of claims:
Medical Bills
Damages can be awarded for all medical bills paid as a result of the negligence, or accident that eventually led to the victim's death. In the case of medical malpractice, the procedures that killed the victim should also be included as part of the medical bills being claimed.
Pain and Suffering
In Waukee Iowa, the court recognizes the amount of pain and suffering that the sudden loss of a family member can cause to those seeking compensation. No set amount can be awarded for these damages, so it is usually left to the court's discretion.
Loss of care and companionship is also regarded as a form of pain and suffering. An experienced attorney can help highlight how this has affected those left behind.
Lost Wages
The sudden loss of income that the victim used to earn will harm the family that now has to find ways to cope without them. In cases where the victim was the head of the family, sizable damages can be awarded to make up for their loss.
Why You Need Tom Fowler Law Firm
Seeking wrongful death damages without an experienced lawyer carries the high risk of receiving less compensation or losing the case entirely. There is a lot to do before a motion can be filled, and without a lawyer to help, vital steps can be missed. Tom Fowler can help with the following:
Conduct a free consultation to plan out the case strategy
Gather all important evidence, police reports, and medical reports
Do witness interviews where necessary
Present the case before the courts
Seek as much compensation as possible for the claimants
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Come for a Free Consultation Today!
It can be difficult to know whether or not to seek compensation for wrongful death. This is why we offer a free consultation to discuss the merits of the case. Whether the personal injury case requires a criminal defense attorney or a family lawyer, Tom Fowler Law firm in Des Moines can help. Come in for a free consultation, and get the assistance you need to fight for your rights.
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