Losing a loved one is never easy, but it is especially difficult when it is caused by someone else's negligence. When a person dies as a result of the wrongful conduct of another, it is known as a wrongful death. In Iowa, surviving family members or representatives are allowed to bring a claim against the responsible party. This article will discuss what constitutes a wrongful death, who can file this type of claim in Iowa, and what damages can be recovered. 

What Is Considered a Wrongful Death? 

A wrongful death occurs when a person dies as a result of someone else's negligence, recklessness, or intentional act. Some examples of these cases include car accidents, medical malpractice, defective products, and workplace accidents. However, not all deaths that result from someone else's actions are considered wrongful deaths. It must be proven that the person responsible for the death acted in a way that was unreasonable or careless. 

Filing a Wrongful Death Claim in Iowa 

In Iowa, the personal representative of the deceased's estate is the only one who can file this type of claim. If the deceased had a will, the personal representative is the executor named in the will. If there was no will, the court would appoint a personal representative. The personal representative will file the claim on behalf of the surviving family members. The surviving family members who can benefit from a claim are the spouse, children, parents, and siblings of the deceased. 

What Damages Can Be Recovered? 

The damages that can be recovered are meant to compensate the surviving family members for their losses. These damages can include medical expenses, funeral expenses, lost income, and loss of companionship. Iowa law also allows the surviving family members to seek damages for the pain and suffering that the deceased endured before their death. The number of damages that can be recovered will depend on the circumstances of the case. 

If you have lost a loved one due to a wrongful death, it is important to seek the help of an experienced attorney. Leif Erickson Law Office has been helping clients in Sioux City, IA, and the surrounding areas for over 30 years. They understand the emotional and financial toll this situation can have on a family. They will work tirelessly to ensure you receive the compensation you deserve. Contact them at (712) 234-3040 to arrange a free consultation or visit their website for more information.