What to Know About Wrongful Death Claims in Iowa
Losing a loved one is a painful experience. However, if the death is due to someone else's negligence or intentional actions, it can be even more difficult to cope with. In Iowa, the surviving family members can pursue a wrongful death claim to seek compensation for their losses. This guide shares important information you should know.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action that can be taken by the surviving family members of someone who has died as a result of someone else's negligence, recklessness, or intentional actions. The claim is designed to provide compensation for the losses that the family members have suffered as a result of the death, such as medical expenses, funeral costs, lost income, and emotional pain and suffering.
Who Can File a Wrongful Death Claim in Iowa?
In Iowa, a wrongful death claim cannot be filed by just any family member. The executor of the deceased person’s estate must be the one to file the lawsuit. This individual is typically designated in the decedent’s will. If no personal representative was ever named, the court would appoint someone. This person is usually a spouse, parent, or adult child of the deceased.
It's important to note that there is a limited window of time in which a claim can be filed in Iowa. The statute of limitations for these claims is generally two years from the date of the decedent's death, so it's crucial to act quickly to ensure that your claim is filed promptly.
What Damages Are Compensated?
If a wrongful death claim is successful, the surviving family members may be entitled to a range of damages to compensate them for their losses. These damages can include medical expenses related to the decedent's final illness or injury, funeral and burial expenses, lost income and earning potential, loss of companionship and emotional support, pain and suffering experienced by the decedent prior to their death, and punitive damages in cases where the defendant's actions were particularly egregious.
It's essential to work with an experienced attorney when pursuing a wrongful death claim, as the damages that you may be entitled to can vary depending on the specifics of your case. Cronin Skilton & Skilton, P.L.L.C. is a law firm in Iowa that can assist you. Their team has years of experience helping clients navigate the complex legal process involved in these types of situations. They handle cases with the utmost compassion and professionalism. They have two locations to serve clients. Contact them at (641) 228-3318 for their Charles City office or dial (641) 435-2462 for their Nashua office. You can also visit their website for more information.