There are many types of wrongful death cases that can happen in Cedar Rapids. Car accidents, work injuries, medical errors, or even a slip and fall can result in a wrongful death. If someone else is responsible for your loved one’s death, keep reading.
Differences Between Personal Injury and Wrongful Death Lawsuits in Cedar Rapids
There are a few important differences between a wrongful death lawsuit and a personal injury lawsuit in Cedar Rapids.
For one, the person who brings the lawsuit differs between personal injury and wrongful death cases. The injured person will seek compensation in a personal injury lawsuit. In a wrongful death lawsuit, the estate of the person who was killed will be the party asking for compensation.
Another difference between the two types of lawsuits is what damages can be sought.
A typical personal injury settlement can include compensation for lost earnings, loss of function of the body and/or the mind, and medical bills.
In a wrongful death settlement, you can ask for additional damages. These can include interest on premature funeral expenses, death-related medical expenses, and loss of consortium for the deceased’s family. Loss of consortium is a type of damage that covers the loss of guidance, comfort, and companionship a loved one provided.
An attorney experienced in wrongful death matters likely needs to be involved to find out the true cost of both economic and non-economic harms and losses that have occurred. Not all attorneys know the ins and outs of a wrongful death claim – so you should seek out a skilled wrongful death attorney in the Cedar Rapids area.
We offer a free, no-obligation case evaluation to those who have lost their loved ones to someone else’s fault. Call us at 1-800-433-0283.
Who Can Get Money in a Wrongful Death Case?
Not everyone who was close to the person who died is able to get compensation in a Cedar Rapids wrongful death claim. Iowa law says there are only certain people who can receive money after a wrongful death.
These people could include:
· The administrator of the estate of the deceased
· Spouse of the deceased
· Minor or adult children of the deceased, including step-children or half-children, or
· The parents of the deceased.
Iowa law says these parties are the only ones that can receive compensation in the event of a wrongful death. Unfortunately, even if you were very close to the person who died, unless you were related to them in some way as noted above, you likely won’t be able to receive any compensation.
If you have questions about whether you’re eligible to receive compensation for a wrongful death, reach out to our experienced wrongful death lawyers at 1-800-433-0283.
How Much Time Do You Have to Do Something?
If someone you love has died, you have a limited amount of time to get justice. Unless you are named as an heir in the deceased person’s will, Iowa law says generally you have two years from the date of the death to settle your claim or file a lawsuit.
Depending on what caused your loved one’s death, you may have far less time than that. For example:
· If your loved one was killed in a semi-trucking crash, you may have as little as 90 days before records related to the incident, including truckers’ logbooks and other crucial documents, can be legally destroyed.
· If a deadly car accident was caused by a drunk driver, you may be able to file a dram shop claim to get justice for your loved one – but you need to file this claim quickly as there are strict deadlines that are easy to miss.
· If your loved one was a minor, you may have more time to file a claim – but the only way to know if you qualify for this is to speak with a skilled Cedar Rapids wrongful death attorney.
To speak to one of our experienced lawyers, call us today at 1-800-433-0283.
Tim Semelroth
Board-Certified Trial Attorney
Pressley Henningsen
AV-Rated Trial Attorney
A car came through the median and we were hit head on. Every bone in my body from my lower jaw down to the bottom of my feet was broken. My medical bills were in the hundreds of thousands of dollars. I can’t imagine going through something like this without someone like Tim or RSH Legal.
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