Des Moines Wrongful Death Attorney
What is Considered a Wrongful Death?
The Des Moines wrongful death lawyers at LaMarca Law Group, P.C. handle numerous cases on behalf of the families of individuals who have died because of the negligent actions of another party. So if you lost a loved one unexpectedly due to negligence, reckless, or intentional acts, a personal injury attorney from our law firm could provide your family with the legal representation needed to secure the compensation you deserve.
If you are seeking legal guidance in the Des Moines area regarding a wrongful death claim, a personal injury lawyer from our law firm has the experience and determination to offer assistance.
Why You Need a Wrongful Death Lawyer in Des Moines
Losing a loved one is painful enough. We understand that the situation is overwhelming when you lose someone suddenly, unexpectedly, and wrongfully. Your future can feel uncertain with the loss of their companionship and support. Often, the grieving process is stressed and strained by unforeseen medical and funeral expenses. In addition, mounting monetary pressure can build even further with the loss of the deceased’s future income. However, there is hope. You may be due compensation for your pain and suffering and any present or future economic hardships that someone else’s negligent actions may bring.
Effectively filing a wrongful death claim can be crucial to your future well-being in these traumatic situations. Unfortunately, it cannot be easy to navigate the legal landscape to determine the right course of action in these particularly trying times. Don’t fight for your right to compensation alone. An experienced, dedicated wrongful death lawyer can make all the difference. To secure the compensation you deserve, contact our team of attorneys at LaMarca Law Group, P.C., immediately.
Why You Should Choose LaMarca Law Group, P.C.
At LaMarca Law Group, P.C., our personal injury attorneys have proven themselves as legal professionals and advocates for victims. Our dedication to results and the well-being of our clients has earned us an impressive number of awards and honors. Organizations such as the Iowa Association of Justice, Super Lawyers, and the National Trial Lawyers for Public Justice Foundation have recognized you. You can depend on our team when you need legal representation.
Suppose a loved one has passed away due to someone else’s negligence or wrongdoing. In that case, our personal injury team is prepared to put our extensive knowledge and experience to work. At such an overwhelming time, our team is here for you. You can confidently rely on us to investigate your case and discover what legal options are available to you.
Don’t hesitate. The procedures for a wrongful death lawsuit need to take place in a timely fashion, and we’re poised and ready to go to work for you immediately.
Who Can Sue for Wrongful Death?
To file a claim and pursue compensation for wrongful death, you must be deemed a “real party of interest.” In the state of Iowa, real parties of interest include:
- the deceased’s spouse,
- their minor/adult children,
- their parents,
- and the administrator of their estate.
To help determine whether or not you can take legal action, contact a knowledgeable wrongful death lawyer in Des Moines right away.
How Do I File a Wrongful Death Claim?
Especially when this is your first time taking legal action, filing a wrongful death claim can be overwhelming. Hiring a qualified attorney to guide you throughout the process is invaluable.
Although filing a wrongful death claim varies depending on the situation, generally speaking, the process looks like this:
- Contact a lawyer: Get in touch with a lawyer who has successfully overseen wrongful death cases like yours. You’ll want to make sure that they have a proven track record of success. A qualified lawyer will help you understand whether or not you have the standing to file a claim following the death of a loved one.
- Provide your lawyer with records: As your lawyer investigates, they will need access to all relevant records regarding your loved one’s death. These records can include medical bills, funeral expenses, related traffic records, and any other pertinent documentation. Based on the evidence, your lawyer will determine if the other party is liable for the death of your loved one.
- Filing your claim: Remember that there is a time limitation for filing. In Iowa, the statute of limitations is typically 2 years from the date of death. Exceptions to this rule do apply, so reach out to a lawyer as soon as you are able.
As your claim progresses, you must keep in contact with your attorney. The team at LaMarca Law Group, P.C. cares deeply about our clients. We know that you’re going through a challenging time when you reach out to us. Your claim is our priority. Whenever you have questions, we are ready to address them.
Who Can Be Sued for Wrongful Death?
In the state of Iowa, you may file claims against a variety of potential agents that can be demonstrated to have acted negligently or wrongfully. Depending on the circumstances of the death, lawsuits can be brought against:
- negligent people,
- and sometimes government agencies.
If the incident, for example, involves motor vehicles, any one of the above types of parties can be considered liable:
- The driver of the vehicle,
- the manufacturer of the vehicle,
- the designer of the road, or others.
You will need an experienced Des Moines wrongful death lawyer to help you navigate the particulars of your unique situation and to determine how to appropriately file your claim.
What is the Statute of Limitations on Wrongful Death Claims in Iowa?
A statute of limitations applies to wrongful death cases. This means that your claim must be filed promptly for your case to be brought to court. In the state of Iowa, the time limit is generally two years after the date of the wrongful death. In some cases, however, the window for filing claims is much smaller. Take, for instance, wrongful deaths caused by drunk driving: These circumstances require legal notices to be delivered within six months of the incident.
When you’re overwhelmed and in the process of grieving, the time has a way of getting away. If you think that a loved one has passed away due to someone else’s negligence, it is crucial that you take immediate steps toward legal action. Contact a lawyer with the knowledge and experience necessary for pursuing wrongful death cases as soon as possible to determine what action your situation demands.
Understanding the Compensation in Wrongful Death Lawsuits
When a loved one dies due to someone else's negligence or intentional wrongdoing, no amount of money can replace the loss. However, a wrongful death lawsuit can help provide financial support for the surviving family members and hold the responsible party accountable for their actions.
The compensation available in a wrongful death lawsuit can vary depending on the specific circumstances of the case.
Typically, the following damages may be awarded:
- Economic damages, such as medical expenses, funeral costs, and lost income and benefits of the deceased
- Non-economic damages, such as loss of companionship, guidance, and emotional support
- Punitive damages, which are intended to punish the at-fault party for their reckless or intentional actions
It's important to work with an experienced Des Moines wrongful death attorney who can help you understand your legal rights and options for seeking compensation. At LaMarca Law Group, P.C., we have a proven track record of successfully representing clients in wrongful death lawsuits and fighting for the maximum compensation they deserve.
If you've lost a loved one due to someone else's negligence or intentional wrongdoing, don't hesitate to contact our team today for a free consultation.
Contact a Des Moines Wrongful Death Lawyer
The personal injury attorneys at LaMarca Law Group, P.C. have extensive experience handling wrongful death claims. Losing a loved one unexpectedly is a traumatic and emotional event, and we understand the gravity of such a devastating loss. Suppose you seek legal guidance from a wrongful death lawyer in Des Moines. In that case, we can provide you with the resources you need to pursue a just case resolution.
At LaMarca Law Group, P.C., our attorneys have handled numerous wrongful death claims from various incidents. For example, suppose someone you love has been killed in an accident resulting from another party’s actions. In that case, an experienced Des Moines wrongful death attorney can help.
We have handled a wide variety of cases, including:
- Auto accidents: If a loved one was involved in an auto accident and died as a result, you may be entitled to file a suit against the party at fault as part of a wrongful death lawsuit.
- Drunk driving accidents: Drunk driving accidents come as the result of another person making a highly reckless and irresponsible decision. Remember that beyond a criminal case, you may also be able to file a wrongful death claim.
- Motorcycle accidents: Motorcycle accidents can be deadly, and often come from motorists not paying attention to the road. If a loved one died in a motorcycle accident, you should speak to an attorney regarding filing a wrongful death lawsuit.
- Pedestrian accidents: Pedestrian deaths can happen for a variety of reasons and can be due to car, truck, or other types of vehicles striking pedestrians.
- Aviation accidents: While exceedingly rare, aviation accidents do happen, and they may be due to an oversight on the part of the plane operate or pilot. If a loved one died in an aviation accident, whether in a private flight or a commercial airliner, you may be entitled to compensation.
- Boating accidents: Boating accidents are all too common in Iowa, especially in the summertime when river and lake boat traffic heats up. If someone you know died in a boating accident as a passenger or bystander, you might be eligible for compensation.
- Defective and/or unsafe products: Many types of products, including vehicles, household goods, and cosmetics can turn deadly if there are defects or poisonous additives. If a loved one died as a result of using a faulty or defective product, you might be eligible for financial compensation.
- Fires and explosions: Explosions can happen for any number of reasons, in places such as restaurants and gas stations, and as a result of car accidents or other accidents. Fires can start for similar reasons, or as a result of criminal activity. If a loved one died in an explosion or fire in Iowa, you should speak with an attorney about filing a wrongful death lawsuit.
- Construction site accidents: Construction sites can be dangerous places, with many moving parts and vehicles, power tools, and temporary structures such as scaffolding. If a loved one died either as a worker or a bystander on a construction site, you should speak with a wrongful death attorney.
- Unsafe premises – land/buildings: Property owners must maintain the general safety of the premises and alert those on the property of potential hazards. If a loved one has died as a result of inadequate security or hazard warnings while visiting a property, you should speak with a wrongful death attorney about your legal options.
- Exposure to toxic substances: Unfortunately, poisonous substances such as lead, mercury, and black mold can find their way into food, drugs, drinks, or in the air. If a loved one consumed a toxic substance that resulted in their death, you might be entitled to financial compensation.
- Negligently handling an emergency call: We count on emergency personnel to handle emergencies in times of crisis. If 911 operators or other emergency personnel acted negligently by failing to respond promptly or otherwise acting in a way that jeopardized a loved one, you should speak with an attorney about your legal options.
- Acts of violence and homicide: If a loved one died as a result of a homicide or other violent act, you might be eligible to file a civil wrongful death lawsuit in addition to any criminal case a prosecutor brings.
Families who bring a wrongful death action might be entitled to recover financial compensation for medical costs incurred, funeral and burial expenses, the loss of love, companionship, and services of the one who died, plus the value of the earnings the decedent would have earned if they had lived. Suppose you are seeking a wrongful death attorney. In that case, you can trust a Des Moines personal injury lawyer from LaMarca Law Group, P.C., for informed legal counsel and dedicated and influential representation.
We have dedicated our lives to protecting the rights and futures of injured Iowans. We work to ensure that your case is handled while you focus on your recovery.