Can a Wrongful Death Case Be Brought Up by the Grandchild of the Deceased in IA?
When a loved one dies in an accident caused by the negligence or willful acts of another individual or business entity, the law allows you to seek damages. However, this process is complex and often requires the expertise of a professional legal representative, such as Attorney Timm Reid at Reid Law Firm. It may help you to understand a little more about filing a wrongful death claim in Iowa.
What are the Requirements in a Wrongful Death Claim?
Much like any personal injury claim, a wrongful death claim must abide by certain restrictions. If your Des Moines wrongful death lawyers can’t prove each of the following conditions on your behalf, you may not be able to file a successful claim.
- Duty of Care – The defendant must have owed a duty of care to the deceased. This means the defendant had an obligation to ensure the decedent’s safety under certain circumstances.
- Breach of the Duty of Care – The defendant must have breached the duty of care. Either through a willful act, such as firing a pistol, or through negligence, such as running a stop sign, the defendant must have done something to cause the death.
- Causation – The breach of duty must have been the proximate cause of death. In an auto accident, the decedent must have died as a result of injuries caused in the accident. Conversely, if the individual died hours later from a heart attack, it cannot necessarily be said that the accident caused the death.
If your loved one has passed away as the result of another’s actions or negligence, you may have the grounds to file a wrongful death claim. By consulting Reid Law Firm, you can receive a thorough evaluation of your case. Attorney Timm Reid can help you determine if you are qualified to file a wrongful death claim and what damages you may be eligible to receive on behalf of your family. While monetary compensation won’t help you through your grieving process, it can alleviate the financial burden caused by the unexpected death of your loved one.