You aren’t expected to know how a wrongful death case works when your loved one dies in an accident. For most survivors, it is a devastating situation that they have never encountered before.
Yet after the initial shock wears off, it is important to learn more about your rights and about how to protect them. Our experienced and empathetic wrongful death attorneys are here to help you every step of the way. Below, we outline some important things that you should consider if your loved one has died in an accident. While this information is useful, it may not answer all of your specific questions. To get answers to those questions, we invite you to contact us directly via this website or by phone at any time to schedule a free, no-obligation consultation.
Eight Things to Know Today
As you begin the process of considering a wrongful death claim, it is important to know:
- The potential benefits of filing a wrongful death claim. A wrongful death case may allow you to hold the person who caused your loved one’s death accountable and may allow you to recover financial damages for your loss.
- Whether you have the right to file a wrongful death lawsuit. The personal representative of the decedent’s estate can file a wrongful death case in Iowa. If the decedent died without a will, then the court will appoint a personal representative. While the personal representative can file a lawsuit, it is not only the estate that can benefit from damages in wrongful death case.
- How long you have to file a wrongful death lawsuit. Generally, you have two years to file a wrongful death case, but it is important to protect your claim well before the statute of limitations expires.
- How to file a wrongful death lawsuit. A wrongful death case starts when a complaint is filed with the court.
- Whether you need expert witnesses to prove your claim. Expert witnesses aren’t necessary in every case, but they may be useful in proving what happened to your loved one, what the defendant was negligent, and the value of your damages.
- Whether you need an attorney to help you with your claim. An attorney can remove the stress of a wrongful death claim from your shoulders. An attorney can make sure that your rights are protected, and can fight hard for the fair damages to which you are entitled.
- How settlements work. Fair settlements typically occur after serious negotiations take place. It is important to know how to negotiate successfully with an insurance company in order to protect your rights.
- What happens if you are pursuing a recovery after the death of your unborn child. Parents may have the right to pursue a legal recovery for the death of an unborn child, but it isn’t always a wrongful death case that needs to be filed.
What you do next is up to you, but we encourage you to read the links provided above and to contact us directly so that you can be confident in whatever decision you make about pursuing an Iowa wrongful death claim after the tragic loss of a loved one.