Pursuing Justice After Losing A Loved One
Last updated on April 25, 2025
At The Law Offices of Timothy L. Lapointe, P.C., wrongful death claims stemming from another party’s alleged negligence are handled with the utmost care and attention. Wrongful death attorney Tim Lapointe provides a comprehensive evaluation of your case, offering clear guidance on the legal options available to you and your family.
Common Types Of Negligent Wrongful Death Cases
While it only takes a moment of reckless or negligent action to cause the end of someone’s life, there are many different causes of wrongful death, including:
- Fatalities caused by medical malpractice
- Car accidents resulting in death
- Deaths caused by drunk drivers
- Exposure to hazardous conditions or chemicals in the workplace
- Boating accidents leading to loss of life
- Workplace accidents resulting in death
- Fatal semi-truck collisions
- Drowning incidents in swimming pools
- Motorcycle accidents causing fatalities
- Fatalities due to nursing home abuse or neglect
- Deaths linked to defective or dangerous products
- Homicide cases
- Pedestrian accidents leading to death
No matter what may have caused the loss of a loved one, Mr. Lapointe can help eligible clients pursue fair compensation and justice through a wrongful death claim.
Who Are Involved In Wrongful Death Cases?
Not everyone who lost someone they care about in an accident can file a wrongful death claim. In Iowa, a wrongful death case will involve the following parties:
The Deceased’s Family Members
In most cases, the plaintiff in these claims can only include close relatives such as spouses, children and parents who were financially or emotionally impacted by the loss.
The Responsible Party
This is the individual, company or entity whose negligence or intentional actions led to the wrongful death.
Types Of Damages In Wrongful Death Claims
Fair compensation for a wrongful death needs to reflect both the economic and noneconomic costs of the death. Common examples for both include:
Economic Damages
These are quantifiable financial losses resulting from the death, such as:
- Medical expenses incurred before the death
- Funeral and burial costs
- Loss of income and future financial support the deceased would have provided
Noneconomic Damages
These address the emotional and intangible aspects of your loss, including:
- Pain and suffering endured by both the deceased and the surviving family
- Loss of companionship, love and guidance
- Emotional anguish and grief experienced by the family
Mr. Lapointe is prepared to explore all available options of seeking the optimal outcome in your claim to provide you with the resources you need to move forward.
Frequently Asked Questions About Wrongful Death Claims
Below are answers to some common inquiries that may help you better understand your legal options during this difficult time.
What is the statute of limitations for filing a wrongful death claim in Iowa?
In Iowa, wrongful death claims must typically be filed within two years from the date of death. Missing this deadline may result in losing your right to pursue compensation, so it is important to consult with an attorney promptly.
How is liability determined in a wrongful death case?
Liability in wrongful death cases requires proving that the defendant’s negligent or intentional actions directly caused the death. This involves establishing a duty of care, breach of that duty, causation and resulting damages.
Can punitive damages be awarded in wrongful death cases?
Punitive damages may be available in cases involving particularly egregious conduct, though they are not common in every case.
What is the process for initiating a wrongful death lawsuit?
Starting a wrongful death lawsuit in Iowa involves several important steps:
First, an estate must be opened for the deceased person, and a personal representative must be appointed. Under Iowa law, the personal representative is responsible for bringing the wrongful death action on behalf of the estate and eligible beneficiaries.
Once appointed, the personal representative works with a wrongful death attorney to investigate the circumstances surrounding the death. This typically includes gathering medical records, accident reports, witness statements and expert opinions to build a compelling case.
After completing the investigation, the attorney will prepare and file a formal complaint in the appropriate court. This document outlines the basic facts of the case, identifies the parties involved and specifies the legal basis for the claim along with the damages being sought.
Following the filing, the defendant must be formally served with the lawsuit papers. The defendant then has a limited time to respond to the allegations, typically by filing an answer to the complaint.
From there, the case enters the discovery phase, where both sides exchange information, take depositions, and prepare for either settlement negotiations or trial.
Let A Skilled Lawyer Stand Up For You
If your family has suffered the wrongful death of a loved one, contact The Law Offices of Timothy L. Lapointe, P.C., today at 641-832-6383 or email here to schedule a consultation. Mr. Lapointe is here to provide personalized guidance tailored to your needs.