Cedar Rapids, IA – There are various types of unforeseen incidents that can result in serious consequences for a victim and their family. Things like work accidents, car collisions, or being hurt on someone else’s property are all regular occurrences. When these situations result in the death of the victim, their family has the right to bring a special type of lawsuit against the business or person responsible.
Accidents that result in fatalities
A fatal accident can be devastating for family, but there is a law that allows them to receive compensation for their financial and emotional losses. Iowa has a wrongful death statute that outlines the process for bringing these types of claims. Motor vehicle accidents are one of the most common reasons that a case will need to be brought under this statute. However, wrongful death actions have a short statute of limitations, so it is advisable to be ready to bring a lawsuit with the assistance of an attorney within the first year of when the accident happened.
Damages after a wrongful death case
According to this law there are several different types of damages available. The deceased person’s earning potential and the value of the services they would have provided if they had survived are a large factor in these amounts. For example, it may be possible in some cases to multiply the victim’s annual salary by several years and add this to the total amount of damages. Hospitalization and medical costs are always another serious expense, especially as healthcare costs increase and many Americans are lacking complete insurance coverage.
In some cases, the family may be able to recover non-economic damages that are meant to compensate for their emotional pain and suffering. While it is difficult to assign an exact figure to this type of damages after any loss of life, an attorney for the plaintiff will attempt to argue for the largest amount of non-economic damages allowed by local law. After an accident that involves reckless behavior or intentional wrongdoing, the judge presiding over the trial may even allow punitive damages to be awarded. This is used as a form of punishment and deterrence against individuals and businesses who have done something that is inappropriate.
Keep in mind that any insurance coverage or claim issues will have to be handled separately from civil lawsuits. However, it is still advisable to get professional help with the insurance process as well.
Speak with a professional at a local firm
Iowa residents have the opportunity to speak with a lawyer from a respected firm about their injuries or a recent fatal accident. To schedule a meeting with a lawyer at a trusted firm, contact Eells and Tronvold Law Offices.
Firm contact information:
1921 51st Street NE, Cedar Rapids, IA 52402-2400