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 Johnston | Martineau, PLLP. 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.
Reasons Des Moines Injury Law LLP 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. Johnston | Martineau, PLLP 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.
.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 Johnston | Martineau, PLLP for a free case review.
- The Ability to Negotiate a High Settlement Amount: A skilled Des Moines wrongful death lawyer from Johnston | Martineau, PLLP 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.
- How to Prove a Wrongful Death Claim
.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 Johnston | Martineau, PLLP 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.
If you are searching for a wrongful death lawyer Des Moines IA offers, contact Johnston | Martineau, PLLP at (515) 493-4878.
Wrongful Death Lawyer Resources:
When someone we care about passes away naturally, it can cause us immense grief and suffering. But what happens if our loved one dies because of another’s negligence or misconduct? Of course, this can add another layer of pain to the grief, since that person was taken from us too soon. In Iowa, surviving family members may consider filing a wrongful death lawsuit, in honor of and to seek justice for their cherished person.
If this sounds like something you are currently going through, then it is advised that you meet with a Des Moines IA wrongful death lawyer who understands the fragile nature of wrongful death lawsuits. One of the main questions surviving family members may ask their lawyer, is what the steps are in pursuing a wrongful death lawsuit. Here, we aim to answer that question:
#1 Find Out If You Are Eligible
Based on the state you live in, there may be only certain family members who can file a wrongful death lawsuit. Each state has its own laws regarding who can take action on behalf of the person who passed, and what types of proof must be brought forward to support their claims. As a surviving family member, your Des Moines IA wrongful death lawyer can talk with you about whether you are eligible to pursue such a case.
#2 Decide If The Elements of Wrongful Death Apply
To have a strong wrongful death case, there are elements that must be true for the accident that caused your loved one to pass away. Essentially, what you would be doing is filing a lawsuit that would have otherwise been pursued as a personal injury claim from the deceased. To qualify as wrongful death, these factors must apply:
- Negligence: it can be shown that the death of the family member was caused at least partially (or entirely) by the negligent behavior of the defendant.
- Breach of Duty: the defendant owed a duty to the person who passed (such as a medical doctor who was treating a patient or a reckless driver who should have been operating their vehicle more carefully).
- Causation: not only was the owed duty breached by the defendant, but their negligence or misconduct had directly caused the death.
- Damages: the death resulted in damages that are quantifiable (such as loss of income, loss of consortium, funeral expenses, and hospital bills).
#3 Complete The Necessary Documentation
After consulting with your wrongful death lawyer Des Moines IA clients recommend, he or can advise whether you have a solid case for a wrongful death lawsuit. If all the elements apply, then your lawyer can give you the necessary documentation to complete. It is important that the paperwork is filled out correctly and without leaving blanks. To officially commence the lawsuit, you have to submit a complaint and notice with assistance from your lawyer.
#4 Prepare For Court By Gathering Evidence
As mentioned above, having evidence to support your claims in the wrongful death lawsuit is crucial to your case. Your Des Moines IA wrongful death lawyer can help you obtain evidence such as medical documentation, witness statements, photographic evidence, videos, expert testimonies, and more.
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