If an accident is from negligence and causes someone’s wrongful death, two types of claims may be pursued by the decedent’s family: wrongful death and survivorship.
A spouse and children, parents of a deceased child, and the estate of someone who dies as a result of a personal injury can bring a wrongful death lawsuit which allows damages to be awarded for the beneficiaries of the deceased. Damages often center on the financial support lost where children will typically receive loss of support until the age of majority, 18 years old, and spouses through the age of presumed retirement. Other damages may include loss of consortium, lost accumulated value of the estate, funeral and burial expenses, and, depending on the circumstance or the accident, punitive damages.
Survival laws allow the estate to recover damages the decedent incurred between the time he or she was injured to the time of death. Damages may include medical expenses, lost earnings, pain and suffering that the deceased would have recovered if he or she had survived.
Survivorship claims are typically distributed in accordance with the decedent’s last will and testament whereas wrongful death proceeds are distributed as if the decedent died intestate (without a will) typically to a spouse, then children, then parents, and finally more distant relatives. Both wrongful death and survival laws are governed by state law, with its own rules and procedures, so it is best to work with an experienced Iowa wrongful death claim attorney to get the help you need.
Iowa Wrongful Death Claim Attorney : Des Moines Personal Injury Law
Contact Personal Injury Attorney Marc Humphrey For Help
When a tragic wrongful death accident occurs, nothing will prepare you for the horrible turn in your life. You can rely on Marc Humphrey to devote the highest level of compassion, care, preparation and personal attention to you. Get an experienced Iowa personal injury and wrongful death claim advocate on your side. All cases are taken on a contingency fee basis, meaning you pay nothing to be represented by an attorney that has over 3 decades of trial experience until your case is finalized. Call Humphrey Law Firm, P.C., at 515-331-3510 to schedule your free consultation.