Wrongful Death Claims after an Accidental Shooting
Wrongful Death Lawyer Des Moines IA
One of the most devastating events you can face in your lifetime is the untimely death of a family member. An example of such a tragedy is the fatal shooting of a member of your family.
If you have experienced the loss of a family member as the result of an accidental, fatal shooting, you need to understand the basic elements of applicable laws. You need to know your rights. You should also understand the importance of retaining professional legal assistance from a Des Moines IA wrongful death lawyer.
Overview of Wrongful Death Law
Each state in the United States maintains a statute governing wrongful death cases. Pursuant to these laws, certain family members are able to pursue a wrongful death claim or lawsuit when a loved one is killed as the result of an accidental gunshot. Examples of family members that may be able to pursue a wrongful death case include spouses, children, and parents.
It is imperative to note that a wrongful death claim does not address the criminal ramifications of a gun-related incident. Instead, a wrongful death claim would allow surviving family members to obtain financial compensation as a means of receiving justice. Many families choose to pursue a wrongful death case, through civil court, if they did not receive justice through a criminal case.
Compensation in a Wrongful Death Case
Compensation potentially awarded in a wrongful death case depends on the underlying facts surrounding an accidental shooting. In addition, the relationship between the deceased individual and a surviving family member dictates the type of compensation that may be available. For example, a spouse may be entitled to certain types of financial recovery in the aftermath of an accidental shooting, while a parent could be entitled to other types.
Examples of losses that are compensable in a wrongful death case include final medical expenses, funeral and burial costs, mental anguish and emotional distress, lost companionship, lost consortium, and loss of income or support. In some cases, punitive or exemplary damages might be awarded in a wrongful death case involving an accidental shooting. Punitive damages represent additional compensation in a wrongful death case when the person responsible for the shooting engaged in particularly reckless or egregious conduct.
Statute of Limitations in a Wrongful Death Case
Each state maintains a law known as the statute of limitations. The statute of limitations establishes a specific timeframe within which a wrongful death lawsuit must be filed. The failure to file a wrongful death lawsuit within the time period established by law will prevent you from ever pursuing litigation in your case, according to the American Bar Association.
Taking on an Insurance Company
When filing a wrongful death claim with an insurance company, you need to keep in mind the primary purpose of an insurer: An insurance company exists to make money for its shareholders. An insurance company increases profits by limiting the money paid out in claims. A Des Moines IA wrongful death lawyer understands how to take on an insurance company.
Retain a Skilled, Experienced, Compassionate Wrongful Death Lawyer
The first step in retaining a Des Moines IA wrongful death lawyer is scheduling an initial consultation with experienced legal counsel. During an initial consultation, the wrongful death lawyer will provide an evaluation of your case. The evaluation will include an overview of possible strategies designed to optimize possible compensation in your case.
An initial consultation also allows you an opportunity to ask questions about your case. As a general rule, a wrongful death lawyer Des Moines IA clients recommend charges no fee for an initial consultation with a prospective client like you.