Des Moines Wrongful Death Lawyer
Wrongful Death Lawyer Des Moines, IA
If your family member was killed because of another person’s carelessness, you may want to talk to a wrongful death lawyer Des Moines IA trusts from Des Moines Injury Law. The attorneys at our firm are dedicated to protecting our clients’ rights and helping them obtain the compensation they deserve. They make every effort to do all of the work so you won’t have to lift a finger.
When someone loses their life because of another person’s negligence or wrongdoing, their surviving family members may have the right to file a wrongful death claim or lawsuit with the help of a wrongful death lawyer Des Moines, IA trusts. This type of claim would seek damages for the survivor’s losses. In general a wrongful death claim should not be pursued without a Des Moines, IA wrongful death lawyer. This type of lawyer may have a background in personal injury law, and a firm understanding of the relevant state and federal legislation.
The following information is generalized and meant to help you understand the basics of a wrongful death claim. If you lost a loved one and believe it was because of someone else’s’ negligence, you should take time to consult a wrongful death lawyer in Des Moines, IA from Des Moines Injury Law. In doing so, you can explore different options that are best suited to your own circumstances.
Wrongful Death Claims
A wrongful death claim exists whenever someone dies because of the fault of another person. These types of claims (or lawsuits) are considerably new, and were not allowed under Common Law (laws that were brought from England to the U.S.). During the 20th century, federal and state courts created legislation for these claims.
A wrongful death case can involve a limitless number of fatal accidents, including:
- Car accidents
- Truck accidents
- Bike and motorcycle accidents
- ATV accidents
- Boat accidents
- Plane accidents
- Medical malpractice
- Premise liability accidents
- Product liability accidents
- Animal bites
- Acts of violence
- + More
An individual, company, government organization or agency, can be found liable. Some claims will involve multiple parties, and others only one. By choosing the right Des Moines, IA wrongful death lawyer, you can ensure all parties are held responsible for their actions.
Who Can Pursue a Wrongful Death Claim
A wrongful death claim can be filed by one person who is acting as a representative on behalf of all survivors. In general the representative will be the same person named as the executor of the estate.
In every state, immediate family members can file a wrongful death claim. Only some states allow life partners, putative spouses, domestic partners, and financial dependents to file a claim; the same applies to distant family members, such as grandparents. There are also certain states that allow anyone who has suffered a financial loss or care to recover compensation, even if they are not related by blood or marriage. Parents who lost an unborn child to a wrongful death, may be able to recover damages. This is only available in select states, and generally must involve a situation in which the child was born alive, but died shortly after.
Who Can Be Held Liable
A wrongful death claim can be brought against a broad range of people. Examples include, but are certainly not limited to:
- The driver of a car
- The builder of a faulty road
- A government entity who failed to warn drivers about road hazards
- A manufacturer
- A distributor
- Owners of a bar who gave too much alcohol to an obviously drunk person
- A doctor
- A hospital
Immunity for Government Entities
In certain circumstances, a government entity, organization, or agency is immune from a wrongful death claim or lawsuit. In other words, they cannot be held liable. Who this applies to varies by state. For example, railroad collisions and makers of generic drugs may not be applicable for wrongful death claim.
To find out if you have a valid claim, call wrongful death lawyer Des Moines, IA trusts today.
Reasons Des Moines Injury Law Should Represent You When Faced with Wrongful Death
When someone has passed away due to another person’s negligent behavior, you may consider pursuing a wrongful death case. This can be a difficult decision to come to when faced with unpaid bills and financial challenges. As a result of your loss, it may be a necessary step towards financial security. When a loved one passes away unexpectedly, they may leave behind a family who was financially dependent upon them. Managing grief in addition to financial troubles can be especially stressful. This is why Des Moines Injury Law LLP can prove to be a valuable resource for victims’ families when facing a wrongful death case. There are a number of key reasons why our services can prove to be invaluable to you, your family, and the case you stand to face:
- We offer years of experience in representing wrongful death cases.
An experienced attorney can provide the families of accident victims not only with peace of mind but a leg up. The experience we bring means that we are savvy in representing wrongful death cases and have a clear understanding of the ins and outs of the legal system. Additionally, with our experience, we bring forth a strong and positive reputation within the legal community.
- You will never be left in the dark.
Taking legal action is difficult for even the strongest of people. Wrongful death cases can be riddled with emotion, especially considering that you will likely be still grieving your loved one. Fear of the unknown and the road that lies ahead can be stressful for people who have just experienced a loss. When it comes to matters surrounding your case, we will always make sure that you have the most up-to-date information possible. We will make sure that we are always on the same page regarding progress, never leaving you in the dark.
- We will commit to your case.
When we make the decision to take on a client’s case, we fully commit to obtaining an outcome that is in your favor. We take on an all-hands-on-deck approach, meaning our entire staff will work hard to build a strong case proving negligence.
- We will give it to you straight.
We are direct and will always tell it like it is. As difficult as this can be for both parties, we believe that this approach will allow the lines of communication to remain open throughout the time we are working together. We will provide you with clear legal advice and, as a result, you will always know where we stand.
- We offer complimentary case reviews.
Prospective clients have the ability to schedule risk-free case consultations with members of our legal team. This is beneficial to both parties for a number of reasons. Prospective clients can get a feel for our style and how we may approach your case. It also gives us the ability to assess whether the case you have is a strong one. Are you wondering if you have a case but are unsure? Scheduling a complimentary consultation with us may be the best way to determine how best to move forward.
- We work on contingency fees.
Many people may be suffering financially, especially after losing someone whom the family has been financially reliant upon. This can make the thought of taking legal action seem nearly impossible. This is a primary reason we work on a contingency basis. We won’t get paid unless you do. Meaning you will not be financially impacted if we do not yield a positive outcome for you.
The road you stand to face can be long and arduous. If you have recently lost a spouse, just the idea of parenting your children on your own can feel like a daunting task. When the normal day-to-day feels completely overwhelming without your partner, imagine doing so in the absence of the financial security you once were provided. Not being able to make ends meet after the tragic loss of a loved one can make the grief process especially stressful. The services of Des Moines Injury Law LLP may be able to help you build a strong case against the person who harmed your loved one so that you are able to obtain the compensation you are entitled to. Contact our offices today to schedule a case review with a member of our team.
Common Causes of Wrongful Deaths
Sadly, wrongful deaths are a daily occurrence in the United States. When a person’s death is caused by someone else’s negligence, the deceased person’s family has a right to file a wrongful death lawsuit. Here are some of the common causes of wrongful deaths a wrongful death lawyer in Des Moines IA typically sees:
- Car Accidents: If a driver is drunk, distracted, or doesn’t obey the rules of the road, that person may endanger others. Vehicle accidents are one of the most common reasons why individuals file wrongful death lawsuits. Hiring a wrongful death lawyer Des Moines IA drivers choose to represent them can make all the difference when pursuing a lawsuit.
- Medical Malpractice: While doctors and other medical professionals are expected to always provide their patients with the utmost care, they don’t always do this. In fact, some doctors may prescribe their patients the wrong medication or make another error that leads to death. With the help of a wrongful death lawyer Des Moines IA respects, family members of the victim may sue the doctor or hospital.
- Products Liability: Companies have a legal responsibility of making sure their products are safe for the public to use. If a product is poorly designed or manufactured and leads to a person’s death, the company may be sued in a wrongful death lawsuit. This type of lawsuit tends to be more complicated. Des Moines Injury Law can provide you with a wrongful death lawyer in Des Moines IA who is experienced with product liability suits. Who Can Be Held Responsible for a Wrongful Death Occur at an Amusement Park?
- Workplace Accidents: It’s important for employers to keep their work environments safe to prevent injuries and deaths. Unfortunately, workers can still get injured or killed at work. Whether it’s due to machine entanglement or a fall, the family of the deceased person’s family has a right to sue the employer for wrongful death. When you need a wrongful death lawyer Des Moines IA workers have turned to for years, contact us for a free consultation.
Des Moines Wrongful Death Law Infographic
Working With a Wrongful Death Lawyer
Regardless of the cause of your family member’s wrongful death, it may be in your best interest to work with a wrongful death lawyer Des Moines IA relies on. Here are some of the benefits you can expect to receive by hiring an experienced lawyer:
- Higher Compensation Amount: By working with a Des Moines wrongful death lawyer from Des Moines Injury Law Attorneys at Law, you may get a higher compensation amount than if you handled the lawsuit on your own. A skilled lawyer knows the approximate value of your family member’s wrongful death and may make sure the defendant’s insurance company doesn’t get away with offering you a low amount.
- Reduced Stress: Losing a loved one is bad enough. You don’t need the stress of handling a wrongful death lawsuit on your own. A wrongful death lawyer Des Moines IA depends on may take care of everything related to pursuing your case, so you can have less on your plate.
- Faster Resolution of Your Case: An experienced wrongful death lawyer Des Moines IA turns to can prepare your case and the necessary paperwork to reach a positive resolution as fast as possible. If you are representing your family without an attorney, you are subject to falling into numerous legal pitfalls. That can result in extending the length of your lawsuit, or worse, causing a judge to dismiss your case. Don’t take chances. Call Des Moines Injury Law for a free case review.
- The Ability to Negotiate a High Settlement Amount: A skilled Des Moines wrongful death lawyer from Des Moines Injury Law may work with the opposing counsel to negotiate a settlement. We have thousands of clients who received maximum compensation from a settlement that our legal team was able to negotiate for them. We may be able to help your family as well. Contact us to speak with one of our attorneys to find out how we can assist you. A fair settlement can be more attractive than a jury award, as the costs of a lengthy trial can be very high. In addition, a settlement usually takes less time to negotiate.
- Expertise in Handling Multi-Party Litigation: A wrongful death lawyer Des Moines IA victims’ families hire should be familiar with the complexities of dealing with multiple defendants. In wrongful death cases, the defendants could include several separate but related parties. For example, in a medical malpractice wrongful death suit, the defendants might include the doctor, anesthesiologist, and the medical equipment manufacturer, among others. It’s important to hire a law firm that can manage the complexity of a multi-party lawsuit when applicable. Though you may believe that only one party is responsible in your wrongful death suit, after a thorough investigation of your case, the number of defendants could increase.
.Statute of Limitations in Wrongful Death Suits
When a family wishes to file a wrongful death suit after the loss of a loved one, they must do within a certain timeframe. Unfortunately, even for the most egregious cases, if they miss the statute of limitations deadline, their case will be thrown out of court. It’s crucially important to contact a wrongful death lawyer Des Moines IA families count on and as soon as possible. A lawyer from Des Moines Injury Law may review your case and inform you of any applicable laws that may pertain to your case, including the statute of limitations.
Coping with the Loss of Your Cherished Person
The sudden loss of someone you love is one of the most terrible things any person may experience. The grief and anger felt by surviving family members is often too immense to comprehend. There is no easy way to overcome this unexpected death, but there are things you can do now to seek compensation and justice in honor of your loved one.
Wrongful deaths can result in various changes for a family unit, including financial strife, emotional suffering, and worrisome questions about the future. The shock of losing someone you care for deeply can make you struggle to see how you will fill the gaps lost by their presence. The time to grieve will vary based on the individual. There are actions you can take now to strengthen your case in the event you decide to pursue a wrongful death lawsuit:
- Build a support system around you.
It will be vital during this time to recruit people that you trust, such as friends, family members, a lawyer, a therapist, etc. You and your family may need to lean on this support to remember you aren’t alone, and that you won’t have to deal with it by yourself either. There are genuine people and knowledgeable professionals who can be of great assistance during this time.
- Set new routines and reduce stress.
Forging a normal daily routine can be agonizing in itself, as your relative’s presence will be more than noticeable. However, sticking to a schedule can help you and your family continue to live, while reducing feelings of frustration, pain, and panic. For instance, if your loved one used to cook meals, don’t hesitate to ask friends and family to help until you can muster a more lasting solution.
- Children may react differently.
Children may have a difficult time understanding the loved one’s death, and may react in numerous ways. This is particularly true for how young children process the information compared to adults. Your child may exhibit behavior such as solitude, acting out emotionally, regressing into old habits, apathy, and more.
- Get answers to your most pressing questions.
Situations where death was caused by negligence may require speaking with a lawyer. In fact, our team strongly advises reaching out to us as soon as possible, as we are seasoned in handling the delicate nature of wrongful death lawsuits. You are owed answers to every inquiry and concern you have. We can let you know whether your circumstances warrant legal action, and how to file a wrongful death lawsuit if you so choose.
Des Moines Wrongful Death Statistics
According to the Centers for Disease Control and Prevention (CDC), more than 200,000 people are killed in the U.S. each year due to accidental injury. In fact, it has now been classified as the number four leading cause of death. One of the most common of these incidents is vehicle accidents, which claim the lives of more than 45,000 people every year.
Families of victims killed in incidents caused by other parties’ negligence may be able to pursue legal action. Call our office today to speak with a wrongful death lawyer.
Frequently Asked Questions | Wrongful Death Lawyer
In Des Moines, Iowa, a sudden and unexpected death can be a devastating experience. When the death of a loved one is a result of negligence or misconduct by another party, the pain can be immeasurable. During these trying times, seeking the assistance of a wrongful death lawyer in Des Moines, IA is a critical step in obtaining justice and ensuring accountability.
What is the role of a wrongful death lawyer?
The role of a wrongful death lawyer is to provide expert legal guidance, help the victim’s family navigate the complex maze of wrongful death law, and to champion their rights. Their goal is to obtain the maximum compensation possible for the loss of a loved one. They do this by meticulously investigating the circumstances of the death, gathering evidence, negotiating with insurance companies, and where necessary, litigating in court.
When it comes to wrongful death law, Des Moines has experienced and dedicated professionals who are deeply committed to serving their clients such as those at Des Moines Injury Law. These skilled attorneys understand that no monetary compensation can replace a loved one, but they also recognize that financial recovery can help alleviate some of the burdens and hardships resulting from the tragedy.
How can wrongful death cases occur?
Wrongful death claims can arise from a variety of circumstances such as car accidents, medical malpractice, workplace accidents, defective products, or premises liability. These claims can be complex and require a thorough understanding of Iowa law and federal regulations. This is why retaining a wrongful death lawyer who is well-versed in these intricacies is vital. They will not only assist in proving negligence but also help quantify damages like loss of earnings, medical expenses, funeral costs, and loss of companionship.
It is also crucial to know that time is of the essence in wrongful death claims. Iowa law imposes a statute of limitations, which means you only have a certain period within which to file a claim. Missing this deadline could bar you from recovering damages. Therefore, it is advisable to reach out to a lawyer as soon as possible.
What should clients look for in a wrongful death lawyer?
An exceptional wrongful death lawyer in Des Moines, IA will provide compassionate, personalized service. They understand that this is not just a legal matter, but a personal one as well. They will work closely with you, understanding your unique situation, keeping you informed at every stage, and treating you with the respect and dignity you deserve.
Choosing a wrongful death lawyer in Des Moines, IA means selecting a trusted advocate who will fight for your rights, ensuring that justice is served and that you receive the compensation you deserve. Their knowledge, experience, and dedication are your strongest weapons in seeking recompense for your irreparable loss.
How can a wrongful death lawyer help their grieving clients?
While a wrongful death lawyer cannot bring your loved one back, they can help to lighten your burden in this difficult time. Their support can provide you with the space you need to grieve, safe in the knowledge that your legal matters are being handled with the utmost care and professionalism.
Adding to the substantial pain and grief, a wrongful death often brings significant financial implications. These burdens can be overwhelming and could include hospital bills, funeral expenses, loss of income, and the loss of future financial support. A proficient wrongful death lawyer will take these financial burdens into account when pursuing compensation on your behalf.
Can a wrongful death lawyer impact the outcome of their client’s case?
The skill and tenacity of your wrongful death lawyer can greatly impact the outcome of your case. The process involves establishing negligence, and causation, and then determining the appropriate damages. Lawyers must work meticulously to gather evidence, interview witnesses, consult with experts, and thoroughly review medical and police records to build a strong case.
An experienced Des Moines wrongful death attorney will have a deep understanding of the court system, negotiation strategies, and how to deal effectively with insurance companies. They will not be intimidated by legal jargon, procedural rules, or well-funded defense teams. They will handle the aggressive tactics of opposing counsel and insurance companies and negotiate with your best interests in mind, aiming to secure the most favorable settlement or jury verdict.
Who Can Be Held Responsible for a Wrongful Death Occur at an Amusement Park?
Amusement parks are supposed to be fun for the whole family, but sometimes they are the scene of horrific accidents. In many instances, these tragedies were completely avoidable but for the incompetence or carelessness of someone who worked at the park. Can they be held responsible when someone dies because of their actions? Our wrongful death lawyer in Des Moines IA from Des Moines Injury Law might tell you that the answer depends on the circumstances surrounding the accident. This is why it’s so important to discuss your case with a wrongful death lawyer in Des Moines IA to learn your legal options. At Des Moines Injury Law, we offer surviving family members of accident victims a free consultation with our wrongful death lawyer. Call us today to request an appointment.
Common Scenarios of Amusement Park Fatalities
Wrongful deaths at amusement parks occur every year, and they happen in any manner of ways. However, some types of incidents are more common than others. Regardless of how your family member passed away while visiting an amusement park, give our office a call to talk to our wrongful death lawyer in Des Moines IA. Here are several ways in which victims may suffer a fatal injury:
- Falling from heights. If a ride malfunctions, whether it’s a Ferris wheel or any other attraction, and the rider is released from their seat they will likely suffer a fatal injury when they fall to the ground. If a third-party was responsible for maintaining the ride, they might be held liable instead of, or in addition to, the park’s owner.
- Rollercoaster-related injuries. A poorly designed rollercoaster may move in a jerky motion which can slam an occupant’s head against a hard surface and result in a fatal brain injury. Seatbelt failure on a rollercoaster can cause the occupant to eject from their seat. Depending on how the equipment breakdown occurred, the ride operator, the maintenance company, and/or the park owner could be held responsible.
- Naegleria fowleri amoeba in water-oriented attractions. Victims can be infected with this disease after nasal contact with contaminated water. The disease is fatal in nearly every instance. The water testing company as well as the park owner might be held accountable with the help of your wrongful death lawyer in Des Moines IA.
If you lost a loved one in an accident at an amusement park, your family may be eligible to file a wrongful death lawsuit against the responsible parties. A settlement or jury award from a successful trial can pay for your damages, including funeral costs and the pain and suffering of your loved one. Call us at Des Moines Injury Law for a free consultation with our wrongful death lawyer Des Moines IA families turn to for guidance about legal options.
What Are the Elements of Wrongful Death?
An experienced wrongful death lawyer from our Des Moines, IA office can explain the aspects that make up wrongful death, there are typically four factors we can associate with it. These are:
- Negligence/Recklessness
- A Breach of Duty
- Causation
- Damages/Compensation
how can a Des Moines wrongful death lawyer use these to prove their client’s loved one died a wrongful death?
- When proving negligence, the plaintiff must prove that the death of their loved one was caused by the carelessness or negligence of the defendant(s).
- The plaintiff must also go on to prove that there was a breach of duty. This means that the defendant owed the deceased some kind of duty. In the above example, this could be a duty owed by the chef to provide food that was edible to the patron. In this case, serving something with peanuts to a person who is allergic to peanuts would be a breach of duty.
- When proving the cause, there must be a clear line from how the defendant breached their duty toward the deceased and how such negligence and a breach of duty caused the death of the plaintiff’s loved one.
- Finally, how did the death of the victim damage their family? These damages could come in the form of medical bills, the cost of a funeral and burial, and even lost income and earnings because the deceased no longer provides for the family.
Working with a wrongful death lawyer from our Des Moines, Iowa team can help you work through each of these components to determine if filing a wrongful death suit is the best option for you.
What Are the Common Causes Of Wrongful Death?
- Automobile accidents—cars, motorcycles, buses, or trucks
- Criminal cases, such as stabbings or shootings
- Assisted living
- Injuries from birth
- Product defects
- Work hazards
What Is the Burden Of Proof?
Usually, the burden of proof is set at a lower level because it is a civil case, not a criminal case, thus the defendant does not need to be proven guilty beyond a reasonable doubt. When pursuing a wrongful death case, speaking with an experienced wrongful death lawyer that Des Moines, IA residents trust can allow you to gather the evidence that you need and decided on the best course of action to take. This could be deciding to settle the case outside of court or go to trial. If you have a loved one that is deceased because of wrongful death, call Des Moines Injury Law today to discuss your case with one of our capable lawyers.
Des Moines Injury Law, Des Moines Wrongful Death Lawyer
699 Walnut St, Des Moines, IA 50309
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