The death of a loved one leaves a hole in your life which no amount of money can fill. However, if your loss was caused by the negligence or carelessness of someone else, a wrongful death lawsuit can provide you with the resources you need to move on, while achieving some degree of justice. However, laws in each state limit what type of damages the victim’s loved ones can pursue and who has the right to bring an action to court.

What Types of Damages Are Available?

Because wrongful death lawsuits are considered a type of personal injury claim, qualified parties may pursue any damages the victim would have been entitled to if they’d survived. This may include out-of-pocket losses like medical expenses and burial costs, as well as compensation for any pain and suffering they experienced before passing away. Most states also allow some families to pursue compensation for their loved one’s lost income, as well as their own emotional trauma and suffering.

Who Can File Collect Damages in a Wrongful Death Lawsuit?

Each family is different, so who has a right to collect damages depends on a wide variety of factors. In Iowa, for instance, compensation for the victim’s direct losses are treated as part of their personal estate, which is then distributed according to the instructions in their wills. Determining who receives damages for loss of financial support and emotional suffering, however, is often more complex.

Under Iowa law, surviving spouses and children receive first priority, but parents can also be eligible for compensation if the decedent was unmarried. Adult children, both biological and adopted, may also be eligible to receive some damages, along with siblings and other immediate family members. When issuing its decision, the court will typically apportion the award to the eligible family members in a manner that seems fair and equitable.

If you’ve lost a loved one to someone else’s carelessness or malicious actions, let Schnurr Law Firm, P.C. fight for the rights of you and your family. With over 30 years of legal experience and a reputation for providing aggressive representation to victims in Fort Dodge, IA, you can rely on their determination to make the responsible parties pay. Visit their website for more information on their personal injury services, or call (515) 576-3911 to discuss your wrongful death lawsuit and schedule a consultation.