According to Iowa state law, you may be able to seek damages for wrongful death when a wrongful act causes the death of a family member or loved one. If the judge determines that someone died as a result of a wrongful or negligent action, he or she may award damages to the family via the deceased person’s estate.
In order for the court to consider the case a wrongful death, you will need to file a civil lawsuit, and you can file it even if there are no criminal charges regarding the incident. A Cedar Rapids personal-injury lawyer can assist you with this process, and you may be entitled to a range of damages to compensate for the loss.
At Eells & Tronvold Law Offices, we regularly help people who have lost family members or loved ones to wrongful deaths. We have more than 75 years of combined legal experience, and we can evaluate the circumstances of your case and determine if you and your family may have a legitimate claim. Call us today at 319-393-1020 to schedule an appointment.
If you are considering filing a claim for wrongful death, it is important to keep the time limits in mind:
Statute of Limitations for Wrongful Death Claims
As in all states, there is a time limit for individuals looking to file a wrongful death case in Iowa. According to Iowa.gov, you must file your wrongful death claim within two years of the death. If you fail to file the claim within this time frame, it is likely that the court will not hear the case at all.
It is important not to confuse a criminal wrongful death case with a civil wrongful death case. It is possible that the state will pursue criminal charges against the defendant, and this may extend past the two-year time limit, but if you intend on filing a civil case, you must do so independently of the criminal matter within the time limit.
Another common question about wrongful death pertains to what you may be able to claim:
Damages You Can Claim in a Wrongful Death Case
The defendant must pay all damages in wrongful death claims to the estate, members of the deceased’s family or both. There are several types of damages that you may be able to claim, including medical and funeral expenses, lost wages, costs associated with damaged property and even pain and suffering. An experienced lawyer can assess the case and determine which claims your case may have.
At Eells & Tronvold Law Offices, we handle a wide range of personal injury and accident cases, and if you are looking for a Cedar Rapids accident attorney, give us a call to discuss your situation. We offer a free initial consultation, and we may be able to recover damages associated with your specific accident or wrongful death case. Call us today at 319-393-1020 to schedule an appointme