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Navigating Insurance and Expenses After a Wrongful Death in Iowa

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Posted by Ben Long

Experiencing the wrongful death of a loved one is an emotionally devastating event. In addition to the profound grief, families often face financial burdens associated with medical bills, funeral costs, and lost income. Understanding how to get these expenses covered and navigating insurance claims can be daunting, but we’re here to help.

What is a Wrongful Death?

A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional actions of another party. In Iowa, the law allows the estate and family members of the deceased to seek compensation through a wrongful death claim. These claims aim to provide financial relief and hold the responsible parties accountable for their negligence.

Steps to Take After Your Loved One Dies Due to Negligence

If your loved one has died because of someone else’s negligence, there are a few steps you need to take to be able to get your loved one justice.

1.    Seek Legal Counsel

Consulting with an experienced wrongful death attorney is crucial. An experienced lawyer can help you understand your rights, evaluate your case, and guide you through the legal process. They will also handle communications with insurance companies, which can be particularly challenging during such a difficult time.

2.    Obtain a Death Certificate

A death certificate is a vital document that confirms the cause of death and is necessary for filing insurance claims and other legal proceedings. Ensure you obtain multiple certified copies, as you will [I’m not sure what the end of this sentence was supposed to be]

3.    Notify Important Parties of the Death

Inform relevant parties about the death, including employers, banks, and insurance companies. This notification will initiate the process of claiming any benefits or coverage owed to the deceased’s estate or family members.

Insurance Coverage

Several types of insurance may provide coverage following a wrongful death:

1. Life Insurance

Life insurance policies are designed to provide financial support to beneficiaries upon the policyholder’s death. If your loved one had a life insurance policy, follow these steps to file a claim:

  • Contact the Insurance Company: Notify the insurer of the death and request a claim form.
  • Submit Required Documentation: Provide the completed claim form, a certified copy of the death certificate, and any other requested documents.
  • Await Claim Approval: The insurance company will review the claim and, if approved, disburse the benefits to the named beneficiaries.

2. Health Insurance

If your loved one had health insurance, that may help cover medical expenses incurred before their death. To claim these benefits:

  • Review the Policy: Understand the coverage details and limitations.
  • Submit Medical Bills: Provide all relevant medical bills and records to the health insurance company for reimbursement.
  • Follow Up: Ensure that all outstanding medical bills are submitted and confirm that the insurer has processed the claims.

3. Auto Insurance

If the wrongful death resulted from a car accident, auto insurance could cover medical expenses, funeral costs, and other related damages. The at-fault driver’s liability insurance and any applicable personal injury protection (PIP) or uninsured/underinsured motorist (UM/UIM) coverage can be utilized.

  • File a Claim: Notify the auto insurance company of the accident and provide necessary documentation, including the police report and death certificate.
  • Negotiate: Work with your attorney to negotiate a fair settlement with the insurance company.

4. Workers’ Compensation Insurance

If the death occurred due to a work-related incident, workers’ compensation insurance might provide benefits to the deceased’s dependents. These benefits typically include compensation for funeral expenses and a portion of lost wages.

To receive these insurance benefits, here are the steps you’ll need to take:

  • Notify the Employer: Inform the employer about the death and request the necessary forms to file a claim.
  • Submit Documentation: Provide the completed forms, death certificate, and any other required documents to the workers’ compensation insurance provider.
  • Follow Up: Ensure the claim is processed and follow up on any additional benefits or payments owed.

Seeking Compensation Through a Wrongful Death Claim

In addition to insurance claims, filing a wrongful death lawsuit can provide further compensation for financial losses and emotional suffering. Iowa law allows certain family members and the deceased’s estate to file a wrongful death claim.

Eligible Parties

In Iowa, the following parties can file a wrongful death claim:

  • The executor or administrator of the deceased’s estate.
  • The deceased’s spouse, children, or parents.
  • Other dependents or heirs, in some cases.

Types of Wrongful Death Compensation

A wrongful death claim can seek various types of compensation, including:

  • Medical Expenses: Costs incurred for the deceased’s medical treatment before death.
  • Funeral and Burial Expenses: Costs associated with the deceased’s funeral and burial services.
  • Lost Income: Compensation for the deceased’s lost earnings and financial support they would have provided.
  • Pain and Suffering: Damages for the emotional distress and mental anguish experienced by the family.
  • Loss of Consortium: Compensation for the loss of companionship, care, and guidance the deceased provided to their family.

Filing a Wrongful Death Claim

To file a wrongful death claim in Iowa:

  • Gather Evidence: Collect all relevant evidence, including medical records, accident reports, witness statements, and financial documents.
  • Calculate Damages: Work with your attorney to calculate the total damages, including economic and non-economic losses.
  • File the Lawsuit: Your attorney will file the wrongful death lawsuit on behalf of the eligible parties and represent you in court.

Settlement or Trial

Many wrongful death cases are settled out of court through negotiations with the at-fault party’s insurance company or legal representatives. If a fair settlement cannot be reached, the case may go to trial, where a judge or jury will determine the outcome.

Dealing with the wrongful death of a loved one is an incredibly difficult experience. We recommend reaching out to an experienced Iowa wrongful death lawyer who can fight for fairness for you and your family.

RSH Legal offers free, no-obligation case evaluations. To schedule yours, call 1-800-433-0283 today.

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