Losing a loved one is devastating, especially when someone else’s negligence caused their untimely death. If your family is facing such a loss, an experienced Davenport wrongful death lawyer from our personal injury law firm can guide you through the legal process. Call us for a free initial consultation.
In this Article
How Does a Davenport Personal Injury Lawyer Prove Wrongful Death?
In Iowa, proving wrongful death requires showing that another party’s wrongful act, neglect, or default caused the death in four steps:
Duty of care: the defendant owed a duty of care to the deceased.
Breach of duty: the defendant breached that duty through negligence or intentional actions.
Causation: the breach directly caused the death of the individual.
Damages: the death resulted in quantifiable damages, such as financial losses or emotional suffering.
What Is a Wrongful Death in Iowa?
By Iowa law (Iowa Code 633.3), wrongful death is defined as a situation where a person’s death is caused by the wrongful act, neglect, or default of another. It allows the deceased’s estate or family members to seek compensation for economic and non-economic damages.
Who Can File an Iowa Wrongful Death Claim?
A wrongful death suit can typically be filed by the executor or administrator of the deceased person’s estate. This individual is often named in the deceased’s will or estate plan, or they are appointed by the court if no such person is designated. The damages recovered are intended to provide financial support to the deceased’s family or dependents, such as spouses, children, or parents.
In Iowa Code 614.1, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death.
Types of Accidents That Cause Wrongful Death in Davenport, IA
Wrongful deaths result from wrongful acts, including motor vehicle accidents (car accidents, motorcycle accidents, or truck accidents), workplace incidents with unsafe conditions, medical malpractice (such as errors or misdiagnoses), nursing home abuse, slip and fall accidents, and the use of defective or dangerous products.
Common Injuries That Result in Wrongful Death in Iowa
In Iowa, wrongful death can result from various severe injuries, including traumatic brain injuries, spinal cord injuries, internal organ injuries, severe burns, and complications from medical malpractice.
Who Can Be Held Accountable for a Wrongful Death?
Individuals or entities whose wrongful or negligent actions result in a death can be held liable in personal injury cases. This may include employers, car or truck drivers, property owners, healthcare professionals, or manufacturers of faulty products.
What Is Not Considered Wrongful Death in Iowa?
In Iowa, not all deaths qualify as wrongful death. Situations where the death is due to natural causes, self-inflicted harm, or unavoidable accidents without negligence or wrongful acts by another party are generally not considered wrongful death.
What Is My Iowa Wrongful Death Case Worth?
The value of wrongful death cases depends on factors such as the amount of medical expenses the fatally injured person incurred, lost income, funeral costs and burial expenses, and the emotional pain and suffering of surviving family members. While no amount of money can replace your loved one, maximum compensation can ease financial burdens and provide some sense of justice.
We assist in evaluating your personal injury claim, negotiating with the insurance adjusters, and advocating to ensure you receive every dollar you deserve.
How Long Does It Take to Settle a Wrongful Death Case?
Most cases settle out of court, so the timeline for wrongful death cases can range from months to years, depending on factors like case complexity, evidence, settlement negotiations, and court schedules. Our personal injury attorneys work efficiently on your behalf to resolve cases with insurance companies with your best interests in mind.
Call Us
If you’ve lost a loved one, our personal injury law firm is here to provide the legal representation our clients need. Contact us for a free consultation.
Get help from a Davenport, IA wrongful death lawyer when you've lost a loved one because of someone else's negligence.
$7.5 Million
Recovery for a construction worker injured when a support wall fell and struck him. (Highest award on record for a construction injury in DuPage County at the time).
$3.2 Million
Recovery for a construction worker injured when he fell in an uncovered foundation trench, ranking as the highest award on record for a construction injury in McHenry County at the time.
$3 Million
Recovery for the family of a man struck by a garbage truck that was making an illegal turn.
$2.2 Million
Recovery for a salesman injured in an automobile collision.
$2 Million
Recovery for a man struck by a speeding vehicle as he waited for the CTA bus.
$1.5 Million
Recovery for a truck driver that was struck by another car on the expressway while his vehicle was disabled.
$1.4 Million
Recovery for a computer programmer that slipped and fell in the washroom at work.
Recovery for a pedestrian struck by a vehicle in a parking lot. At the time, this was the second-highest recovery on record in DuPage County for a similar injury.
$800,000
Recovered for a disputed wrongful death claim against a trucking company. The company denied they were involved in the collision.
$660,000
Recovery for a truck driver that was injured while unloading his trailer.
$550,000
Recovery for a person who slipped and fell in a grocery store.
$550,000
Recovery for a woman who injured her neck in a motor vehicle collision.
$500,000
Recovery for a pedestrian that was struck by a vehicle while standing on the sidewalk.
$460,000
Recovery for a truck driver that tripped and fell in the parking lot while making a delivery.
$450,000
Recovery for a dental assistant who slipped and fell at work on an unnatural accumulation of ice.
$425,000
Recovery for a union worker struck by a speeding vehicle.
$425,000
Recovery for a passenger in a vehicle struck by an inexperienced driver.
$415,000
Recovered for a woman that required neck surgery after aggravating an existing neck injury in a truck accident.
$400,000
Recovery for a lab technician injured while transporting equipment.
$370,000
Recovery for a construction worker injured on faulty equipment at a construction site.
$315,000
Recovery for a motorist struck by a falling utility pole.
$310,000
Recovery for a person injured in a motor vehicle collision.
$300,000
Recovery for a bicyclist struck by a vehicle.
$250,000
Recovery for a young woman struck by another vehicle.
$250,000
Recovered for a woman who sustained a partial finger amputation and other injuries in a rollover car accident. (Policy Limits)
$250,000
Recovered for a man injured in a motor vehicle collision.
$250,000
Recovered for a 60-year-old woman involved in a car accident. (Policy Limits)
$250,000
Recovered for a man hit by a semi-truck while operating a go-cart.
$240,000
Recovery for the injured party struck by another vehicle.
$235,000
Recovery for a person injured in a motor vehicle collision.
$235,000
Recovery for an inventory clerk injured when shelving toppled onto her.
$219,000
Recovery for a restaurant patron that slipped and fell in the bathroom.
$200,000
Recovered for an airline employee struck on the runway at O’Hare International Airport.
$190,000
Recovery for a person injured in a motor vehicle collision.
$175,000
Recovered for a child injured by fireworks at a fourth of July celebration.
$170,000
Recovered for a person injured when she slipped and fell exiting a major retail store.
$150,000
Recovered for a woman who fractured her leg when she was struck by a vehicle.
Latisha S.
Great service. They helped me get my money, and everyone was very pleasant even though the health insurance took a while. Everything was on point on Kryder’s side.
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