Share:

With homicides and accidents on opposite ends of the spectrum, wrongful death lawsuits fall somewhere in between. When you take this legal route, you might be able to recover compensation for your loved one’s passing. Here’s a closer look at what constitutes wrongful death and who can file these claims.

How Is It Proven?

Wrongful death cases follow a similar outline to personal injury cases. First, the plaintiff must show that the defendant owed the victim a duty of care. For example, bar owners owe a duty of care to their customers and can be penalized for allowing them to become intoxicated. Drivers on the road owe a duty of care to other drivers, and doctors owe a duty of care to their patients.

Then, the plaintiff needs to show that this duty was breached, and that the negligent or intentional act resulted in the victim’s death. For example, if a driver was distracted by consuming a snack in their vehicle, which caused them to crash into the car ahead, ultimately killing the driver. 

Who Can File Wrongful Death Claims?

Wrongful death lawsuitSince the victim is no longer around to fight for their own interests, others will have the opportunity to stand up for them. However, not everyone can bring this case forward. The responsibility is reserved for spouses, children, parents, and the decedent’s estate administrator.

In Iowa, these individuals have to file a wrongful death suit within two years of their loved one’s death. Once it passes this statute of limitations, compensation can’t be obtained.

What Damages Can Be Recovered?

While you can’t bring the decedent back, you can still make the responsible party pay for the consequences of the actions. Most importantly are the monetary damages, which can be recovered for the victim’s emergency medical treatment and funeral or memorial expenses. If the victim was a source of income for their spouse or children, these individuals may be compensated for these lost funds.

They may also be entitled to “pain and suffering,” or a sum that accounts for the mental and emotional trauma they experienced as a result of their loved one’s death. In some cases, punitive damages may also be awarded, which is an additional fine and punishment for the at-fault party.

 

If you’ve lost a loved one due to someone else’s actions, you can count on Schnurr Law Firm, P.C. This Fort Dodge, IA, firm knows that no amount of financial compensation could make up for your loss, but receiving these funds could help you move forward. Jerry L. Schnurr III has 33 years of experience, and he will help you work out the complicated details of your wrongful death lawsuit. To learn more about this firm’s areas of practice, visit them online, or call (515) 576-3977 to schedule a consultation.

tracking