The loss of a loved one is tragic and traumatic. It causes enormous grief and often can cause huge financial strain. While no amount of money can bring the loved one back, nor eliminate the grief, a wrongful death action can ease the financial strain. The Iowa City injury lawyers from VanDerGinst Law may be able to help.
Wrongful death is the term used when someone intentionally or negligently causes the death of another person. The death may be caused by someone’s actions or by their failure to act. It can be caused by an automobile accident, medical malpractice, hazardous products, property defects or any number of other sources. A wrongful death action is filed by the family of the decedent or by the representatives of the decedent’s estate. The theory behind wrongful death actions is to compensate family members who have suffered monetarily and emotionally from the death.
Each state has different methods for deciding who may file a wrongful death suit, who may recover damages, and how much can be recovered. Generally, it must be shown that the death was caused by another’s wrongful act, that the act was such that the decedent would have been due damages from the act, and that monetary damages did arise from the act. If these three criteria are met, it is possible that a wrongful death claim can be filed.
Loss of companionship can be difficult to calculate because it is totally subjective and does not lend itself to empirical measurements. It is a measure of the emotional pain and suffering experienced by the survivors.
In some states, another action may exist in addition to the wrongful death action. It is known as a survival action. This allows the estate of the decedent to recover damages for the conscious pain and suffering a decedent may have experienced before he or she expired.
If you suspect that your loved one’s death was someone else’s fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation
