How to Commence a Wrongful Death Claim in Iowa

When a family member or loved one dies in an accident due to someone else’s negligence, it can be painful to even consider seeking compensation for the loss. It is obvious that no amount of money can bring back a loved one, but compensation could be of assistance when it comes to covering a variety of expenses that arise after the accident.

If you have lost a loved one, consider contacting a Cedar Rapids personal-injury lawyer for advice on filing a wrongful death claim. At Eells & Tronvold Law Offices, we assist individuals and families who have lost loved ones in accidents due to another individual’s negligence. 

We can use our 75 years of combined legal experience to your advantage, and we can evaluate your case to determine if you have a legitimate claim. Schedule an appointment by calling us today at 319-393-1020.

A personal-injury lawyer will be familiar with how to commence a wrongful death claim, but the following is an overview of what to expect:

Commencing a Wrongful Death Claim in Iowa

According to Iowa law, a personal representative of the deceased’s estate must bring the wrongful death action to the courts, and the deceased’s estate must file a petition in the local district court of the deceased’s county. Most wills name a personal representative, or executor, and according to Iowa Laws, it is his or her duty to represent the deceased. If the deceased individual did not have a will or did not name a representative, a judge may appoint a surviving family member to perform the duties.

Once appointed, the representative can file a lawsuit for damages relating to the wrongful death. It may be beneficial to consult with a personal-injury lawyer before this phase so you can ensure you gather all relevant documentation, including medical records, autopsy reports and a report from a medical examiner. A lawyer will also be able to assist with opening the estate so the court can approve a settlement.

What damages can I claim in a wrongful death case?

If you lose a family member in a wrongful death accident, there are various types of damages that you can claim. These include pre-death injuries, burial expenses and support for spouses and children. An experienced personal-injury lawyer can look through the specifics of your accident and advise you on the best way to proceed with the claim in order to receive the best payout possible given your circumstances.

At Eells & Tronvold Law Offices, we specialize in personal-injury law, and we deal with various wrongful death claims on a regular basis. If you are considering filing a wrongful death claim, contact a Cedar Rapids accident attorney for advice. 

We offer a free initial consultation to all potential clients so we can understand their circumstances, and we can investigate various avenues associated with your case to recover damages. Schedule an appointment today by calling us at 319-393-1020.