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.
If you have been injured while on the job in Iowa, workers’ compensation can be vital in helping you obtain financial resources needed during your recuperation. However, since laws vary from state to state, it is crucial you know what to do each step of the way. To do so, rely on workers comp attorneys in Des Moines IA who possess substantial expertise in this area, such as Attorney Timm Reid of the Reid Law Firm.
When filing a workers’ comp claim in Iowa, there are several important deadlines to keep in mind. The most important is having 90 days from the date you were injured to inform your employer of the accident. Of course, the sooner you do so, the better. Also, there is a two-year time limit to receive benefits or file an application for arbitration.
Once you inform your employer of the accident and your intention to file a workers’ comp claim, the employer then has four days to submit a report to the Workers’ Compensation Commissioner. Also, your employer has the right to choose the medical provider who will examine you. However, you can file a petition for alternate care.
Who is Covered?
In Iowa, most employees are eligible for workers’ comp benefits. However, if you are an independent contractor or a domestic worker, you may not have automatic coverage. Other than these categories, most IA workers are covered whether the injury occurred in the state or elsewhere, so long as they were originally hired in IA or their employment is based primarily in IA.
If you are in the process of filing a workers’ comp claim, do not try to do it alone. Instead, turn to workers comp attorneys in Des Moines IA who will fight hard to protect your rights, such as Attorney Timm Reid at the Reid Law Firm.
It is rarely a good decision to handle a premises liability injury claim personally. They can be very contentious legal matters that could easily result in being bargained out of a significant portion of potentially whole damages. Insurance claims adjusters are keen to recognizing when they can convince a claimant that a lawyer is not necessary without directly making the statement. When this is happening, they will assuredly make a low-ball offer that falls well short of the total value for general long-term damages and include a clause for no responsibility regarding future medical bills. A signature will end any further claim possibility. Having an experienced legal representative like attorney Timm Reid from Reid Law Firm Des Moines IA premises liability attorneys means all aspects of the claim will be addressed for maximum compensation.
Red Flags in an Injury Case
Other red flags beyond eagerness to settle a claim quickly can include requests for extensive documentation or suggestion of technicalities in defending a claim. Iowa implements modified comparative negligence with a 51% bar for financial recovery, which can encourage insurance companies to deny a claim and force it to court for a jury determination on comparative fault. This is a sure sign you will need aggressive legal counsel for an equitable settlement.
Never attempt handling a premises liability claim without at least consulting with a legal professional because the claim could be much more valuable than realized. Iowa residents should contact attorney Timm Reid at Reid Law Firm Des Moines IA premises liability attorneys for solid representation.
Mediation is a way of resolving
disputes that avoids taking a lawsuit to a formal trial. Mediation is
voluntary; both sides must agree to it. In a mediation, a trained, neutral
person facilitates communication and tries to work out a compromise between the
parties. A trial can be very expensive and time consuming and not feasible for
most personal injury cases. The advantage of mediation is that it takes much
less time and money. The mediator isn’t on anyone’s side and doesn’t make a
decision on the case. The mediator will point out strengths and weaknesses of
both sides of the case. He or she is present to help the parties reach an
agreement. Mediation can help assure that expectations of the insurance company
and other attorney remain realistic. Usually the cost of paying the mediator is
split between the two parties.
Having personal injury attorneys in Des Moines represent you in your personal injury case can help you in your mediation session. Your attorney will attend the mediation with you and can help protect your rights. An attorney will have experience with what has worked in other similar cases. From research and past experience, the attorney will know the approximate value of your case. He or she can help you decide whether a settlement offer is in your best interest. Having a Des Moines IA injury law firm on your case will assure that your attorney knows the reputation of the mediator and how that person’s background can work in your favor. An experienced lawyer like Attorney Timm Reid at Reid Law Firm can assure you the best possible result in your case.
If you have been injured and are looking for personal injury attorneys in Des Moines, contact Des Moines IA injury law firm Attorney Timm Reid at Reid Law Firm.
If you are ready to take your case to court, you may be thinking about hiring local counsel. The idea behind local counsel is working with lawyers from outside of Iowa and providing local services to them in conjunction with them or on a strictly referral basis. There are many local counsel lawyers who will be able to work with you in order to give you the best possible legal representation for your case.
What Can Des Moines IA Local Counsel Do to Help You?
Local counsel enables law firms to hire a wide variety of knowledgeable and experienced lawyers in all fields. This is the case with Timm Reid and his firm. If you have a case that needs to be filed, we are the law firm who can help you do it. And once you have filed your case, we can give you expert legal representation to make sure that you win it.
Contact Attorney Timm Reid at Reid Law Firm Today
There are many reasons why you need to hire a lawyer to represent your case. And if you are going to hire legal representation, you may as well hire the best. We can give you the counsel you need to present your case in a convincing manner. The goal will be to get you a full and fair settlement. If you are forced to go to court, we will do all in our power to make sure you win your case.
The time for you to get expert legal counsel for your case is now. The earlier you engage local counsel, the better. This is especially true with counsel who has spent a career building effective professional relationships with the lawyers and judges with whom you will be working. If you’re looking for the very best Des Moines IA local counsel, you should contact attorney Timm Reid at Reid Law Firm today. We can schedule an initial consultation during which we will go over the facts of your case in order to devise a strategy that will work for you.
Being involved in an auto accident is a serious occurrence. If you were not the one who was at fault for the accident, there is no reason you should be footing all the bills for it. You have high medical costs to cover as well as the income you have lost from your job while recuperating in the hospital. Someone needs to pay these bills and it ought to be the one who caused the accident in the first place.
Don’t Let Yourself Be Stuck on the Hook for Your Medical Costs
Recovering from the injuries you received in your accident will take time. But it may end up costing you a great deal of money as well. You may already have used up all of the sick and vacation days that your employer will allow you. As a result, you may have been fired from your job. Now you have no way to make your car and home payments.
Your insurance company may not be helping you at all. They may have offered you a settlement that is less than satisfactory. In fact, even though you were not at fault for the accident, they may even have tried to offer you nothing at all. In a situation like this, you need to call your Des Moines car accident lawyer.
Contact Attorney Timm Reid at the Reid Law Firm
Don’t just pick out an attorney at random. Your best bet is to get in touch with the Des Moines car accident lawyer who has an excellent record for getting you the settlement you need to pay your bills.
Attorney Timm Reid of the Reid Law Firm is here to help you settle your case and clear your name. He will also help you get the damages you need to regain your financial independence. Contact us today to get the details.