Wrongful Death Lawsuits
Dealing with the death of a loved one is never easy, and at VanDerGinst Law, we know how difficult it can be to think about filing a lawsuit when you are grappling with the unexpected death of a spouse, parent, or another family member.
Yet filing a wrongful death claim can help you to seek financial compensation for the loss of your loved one, and it can also allow you to hold the responsible party accountable for his or her actions that resulted in your family member’s death.
Wrongful death lawsuits can be extremely challenging, but they also can bring some closure.
A compassionate attorney can answer your questions about filing a claim.
What Is Considered a Wrongful Death in Iowa?
Iowa has multiple statutory laws concerning wrongful death claims. The specific law varies depending upon whether the plaintiff is filing a claim related to the death of a spouse or parent (IA Code § 613.15), or to the death of another party.
How does Iowa law define a wrongful death?
In short, a wrongful death claim is very similar to a personal injury lawsuit.
It is a type of civil claim that allows a plaintiff to seek financial compensation from the party who is responsible for causing injury and loss.
In a personal injury lawsuit, the plaintiff is the person who actually suffered the injuries.
In a wrongful death claim, the law recognizes that the injured person is no longer able to file a claim on her own behalf and allows a personal representative of the deceased—usually a close family member—to “step into the shoes” of the deceased person in order to file a claim.
Common Causes of Wrongful Death
Most grounds for wrongful death claims are similar to those that result in personal injury lawsuits.
There are many different causes of a wrongful death, including but not limited to:
- Car accidents;
- Bicycle accidents;
- Motorcycle accidents;
- Truck accidents;
- Premises liability accidents, including slips and falls;
- Workplace accidents;
- Agricultural accidents;
- Dangerous drugs;
- Defective products and equipment; and
- Medical malpractice.
Damages in a Wrongful Death Claim
Damages may be recovered in a wrongful death lawsuit on behalf of the deceased’s spouse, children, parents, and certain other family members.
In some cases, other parties may be entitled to damages.
Common damages in such a claim include both economic and non-economic damages, which are both types of compensatory damages that compensate for losses.
Examples of losses that can result in compensation include but are not limited to:
- Medical bills from injuries sustained prior to the deceased’s death;
- Lost wages while the deceased was still alive but unable to work;
- Lost future wages as a result of the deceased’s death;
- Burial expenses;
- Support for the deceased’s spouse;
- Support for the deceased’s children; and
- Loss of consortium.
Contact an Iowa Wrongful Death Attorney
Under Iowa law, families typically have two years from the date of the deceased’s death to file a wrongful death lawsuit.
An experienced and compassionate lawyer can discuss your case with you today.
Contact VanDerGinst Law at 800-797-5391 for more information about the services we provide to clients and their families in Iowa.
The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.