Top-Rated Des Moines Wrongful Death Lawyers

Des Moines Wrongful Death Lawyers

Losing a loved one is an extremely difficult experience. It’s even more challenging when their death was preventable and caused by another person’s or party’s negligence. If this happened to your family, you may have a wrongful death claim, and we want to help.

Mueller, Schmidt, Mulholland & Cooling knows the grief and pain you’re experiencing right now. We’ll do everything in our power to build a strong case for your family to help you achieve justice after experiencing such a devastating loss. Contact us today for a free consultation to learn how we can help you through this emotional and sensitive time.

How Wrongful Death Might Occur 

Anywhere accidents and injuries can occur, wrongful deaths can occur, too. Negligence and recklessness are all around us, and sometimes, they cause others serious and even fatal injuries. Some of the most common causes of wrongful death include: 

• Accidents on the Road: Fatal crashes can occur due to reckless drivers, hazardous road conditions, or vehicle malfunctions, leading to devastating losses for families.
  • Car Accidents: Deadly car accidents often result from speeding, distracted driving, impaired driving, or failure to follow traffic laws.
  • Truck Accidents: Large commercial trucks can cause fatal accidents due to driver fatigue, overloaded cargo, or mechanical failures.
  • Motorcycle Accidents: Motorcyclists are especially vulnerable to fatal crashes due to a lack of protection and the negligence of other drivers on the road.
  • Bicycle Accidents: Cyclists can suffer fatal injuries when struck by vehicles, especially in areas with poor bike lane infrastructure or negligent drivers.
  • Pedestrian Injuries: Pedestrian fatalities often occur due to speeding, distracted driving, or failure to yield at crosswalks and intersections.
• Unsafe Property Conditions: Dangerous conditions such as unmarked hazards, structural failures, or inadequate security can lead to fatal slip-and-fall accidents, fires, or violent attacks.
• Workplace Accidents: Fatal workplace injuries can happen in hazardous industries such as construction, manufacturing, or transportation due to unsafe working conditions or employer negligence.

Who Can You Sue for Wrongful Death?

Several parties might be held accountable through a wrongful death claim. Though each situation is different, you can generally file a claim against any person or organization responsible for your loved one’s death. Based on the list above, the following negligent parties might be held responsible:

1. Negligent Drivers
   1. Car Accidents: If your loved one was killed in a vehicle accident caused by a negligent driver, you could file a wrongful death claim against the at-fault driver. This includes cases involving drunk driving, distracted driving, speeding, or reckless driving.
   2. Commercial Vehicle Operators: In cases involving commercial vehicles like trucks or buses, the employer of the negligent driver or the company that owns the vehicle may also be held liable.
2. Property Owners
   1. Premises Liability: Property owners have a duty to maintain safe conditions on their premises. If your loved one died because of unsafe conditions, such as slip-and-fall accidents, inadequate security, or building code violations, you could sue the property owner or manager.
3. Employers
   1. Workplace Accidents: If your loved one died in a workplace accident due to unsafe working conditions or employer negligence, you could file a wrongful death claim against the employer. This is in addition to any workers’ compensation benefits you may be entitled to.

One of the most important elements of a successful wrongful death claim is clearly establishing liability. An experienced lawyer will know how to determine who is truly at fault and how to build a compelling case that the at-fault party’s actions or inactions contributed to the death.

Who Can File a Wrongful Death Claim in Iowa?

It’s common for entire families to feel overwhelming grief and devastation after the loss of a loved one—especially when it was due to someone else’s negligence. And while wrongful death claims can result in compensation for entire families, only certain people can file them.

Wrongful death lawsuits are typically filed by the executor or administrator of the deceased person’s estate. This individual is often named in the deceased’s will or estate plan and is responsible for initiating legal action on behalf of the estate and surviving family members.

If no executor has been designated, the court may appoint someone, usually a close family member, to act in this capacity. While the executor files the lawsuit, any damages awarded are generally intended for the deceased’s surviving family members or dependents, such as a spouse, children, or other financially reliant relatives.

Proving Negligence in Wrongful Death Cases

To succeed in a wrongful death case, the plaintiff, or person filing the wrongful death claim, must prove that another party’s negligence directly caused the death of their loved one. This requires establishing four key elements:

• Duty of Care: The first step is proving that the defendant owed a duty of care to the deceased. In a car accident case, all drivers have a legal obligation to follow traffic laws and operate their vehicles safely to prevent harm to others on the road.
• Breach of Duty: The next element is showing that the defendant violated this duty of care. For example, if the at-fault driver was texting, speeding, or driving under the influence, they failed to act responsibly and put others at risk.
• Causation: The plaintiff must demonstrate that the defendant’s breach of duty directly caused the fatal accident. If a driver ran a red light and struck the victim’s vehicle, the plaintiff’s lawyer must prove that this reckless action led to the crash and subsequent death.
• Damages: Finally, the case must establish that the victim’s death resulted in measurable damages, such as medical expenses before passing, funeral and burial costs, loss of income, and the emotional suffering of surviving family members.

Building a Strong Case

At Mueller, Schmidt, Mulholland & Cooling Experienced, our Des Moines wrongful death lawyers gather important evidence to prove fault and strengthen the wrongful death claims we build, including:

• Accident Reports or Evidence from the Scene: Police reports, surveillance footage, skid marks, and vehicle damage assessments can provide valuable proof of how the accident occurred and who was responsible.
• Medical Records: Documents detailing the victim’s injuries, treatments, and cause of death are essential in linking the fatality directly to the accident.
• Witness Interviews: Statements from people who saw the crash can help establish key facts, such as whether the defendant was speeding, distracted, or violating traffic laws.
• Expert Testimonies: Accident reconstruction specialists, medical professionals, and financial experts can provide detailed analyses to support claims about how the accident happened, the severity of injuries, and the financial impact on the victim’s family.

Types of Compensation for Wrongful Death

No amount of financial compensation can make up for the loss of a loved one. However, grieving families also shouldn’t have to pay out of pocket for the often-significant financial losses they incur after the death of their loved ones. For this reason, wrongful death claims cover both economic and non-economic damages.

If you or a loved one files a wrongful death claim, your family may expect to receive compensation for:

Economic Damages

Economic damages cover the tangible financial losses that result from the wrongful death, including:

• Past Medical Expenses of the Deceased Due to Their Injury: Any medical treatment the victim received before passing, such as emergency care, hospital stays, or surgeries, may be compensated.
• Funeral and Burial Costs: Families can seek reimbursement for the expenses associated with laying their loved one to rest, including funeral services, cremation, or burial.
• Loss of Household Income: If the deceased was a primary earner, their family may recover compensation for lost wages and the income they would have provided in the future.
• Loss of Household Services: Compensation may also cover the value of services the deceased provided, such as childcare, home maintenance, or caregiving responsibilities.

Non-Economic Damages

Non-economic damages address the emotional and personal losses that cannot be measured in dollars but have a significant impact on the family’s well-being.

• Pain and Suffering: Surviving family members may receive compensation for the emotional distress and grief caused by the unexpected loss.
• Loss of Consortium for Spouse or Children: Spouses and children may seek damages for the loss of love, companionship, guidance, and support that the deceased provided.

Why Wrongful Death Claims Are Different

Wrongful death claims are unique from other types of injury claims because of the stakes involved and the potential complexity of the cases. In many instances, families depend on the successful outcome of a wrongful death claim. They might need a significant amount of compensation to navigate the financial fallout of losing a loved one.

Wrongful death cases can also be more complex than other types of injury cases. They might involve enlisting expert witnesses, accident reconstruction experts, or other specialists to help build a case.

This is why it’s so important to work with a law firm with experience handling wrongful death cases.

Our Des Moines Wrongful Death Lawyers Can Help

It’s always difficult to file a personal injury claim, but wrongful death claims are often extremely challenging for families. The emotions and grief are still overpowering and raw during this time. Our firm works hard to make the process as easy as possible while maximizing our clients’ chances of success during the negotiation process or in court.

If you entrust us with your family’s wrongful death claim, we pledge that we’ll:

• Ensure All Deadlines Are Met: We handle all legal filings and ensure compliance with Iowa’s two-year statute of limitations to protect your right to compensation.
• Gather and Organize the Necessary Evidence: Our team collects accident reports, medical records, witness statements, and expert testimony to build a strong case.
• Negotiate With Insurers and Counter Their Tactics: We deal directly with insurance companies to fight for the full and fair compensation you deserve.
• Treat You With Care and Respect: We understand the emotional toll of losing a loved one and provide personalized support throughout the legal process.

Fighting for Your Family’s Rights in Iowa

Wrongful death claims require the utmost compassion and sensitivity. At Mueller, Schmidt, Mulholland & Cooling, we’ll work hard to honor your family and your loved one throughout every step of the legal process.

It’s our goal to give you the peace of mind and comfort you deserve after experiencing such a devastating loss. Contact us today for a free consultation.