The Process of Filing a Wrongful Death Claims in Iowa

by | Mar 18, 2013 | Attorney

The death of someone you love is always going to be tragic, and it’s going to be even worse if they died due to someone else’s wrong actions. You are going to want answers, and you will want to demand that they pay dearly for what they have done. If you feel that negligence was involved, then you will want to contact wrongful death attorneys Des Moines to find a lawyer that you feel would be competent enough to handle your case. The hardest part about these deaths is in knowing that the death could probably have been prevented. An attorney that deals in wrongful death cases can walk you through the process, so that you understand what your rights are in filing a claim.

The Main Differences between Wrong Death Claims and Personal Injury Claims

All states in the United States have some form of wrongful death laws on their books. These laws are designed to help family members and loved ones deal with their suffering and in some cases financial hardship if the deceased was a major contributor to household finances. They are also designed to make a statement to people that negligence causing death is not acceptable, and people need to be more cautious in their actions. Every state has different laws that pertain to wrongful death actions, but the main principles of the laws are the same from state to state. The only major difference between wrongful death laws and personal injury laws is that wrongful death is designed to help family members, while personal injury laws are designed to help living people who have been injured by someone else’s negligence.

Understanding What Wrongful Death Claims Consist Of

When your attorney files a wrongful death claim on your behalf, they will be suing whatever party is responsible. Proving the case will not be easy, because these are the hardest types of cases to prove. In order to prove a wrongful death suit, your lawyer will need to be able to prove four major elements. These elements include that the death was clearly caused by the actions of the defendant, that the defendant was clearly negligent in causing the death, that the deceased had a family, and that there are monetary damages that are the result of the victim’s death. The first two elements are the hardest to prove, but it can be done if you hire a competent attorney. They will need to really be on top of things in regards to case law, because the process is not easy, and it could take months in court once the battle heats up. You will definitely need to support them with any documents or information that you may have.

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