Wrongful Death Lawyer Des Moines IA
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.
To learn how a wrongful death lawyer Des Moines IA families trust, call Johnston | Martineau, LLP for a free and confidential consultation.