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.
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.
(312) 223-1700