Steps to Take When Considering a Wrongful Death Claim
- Posted on: Jun 29 2018
A wrongful death claim is usually filed by family members of a deceased person whose death may have been caused by the unjust actions of another. If your loved one has recently died as a result of reckless behavior, negligence or intentional harm, or if a hazardous/poisonous product on the market has directly contributed to your relative’s death, you may be considering filing a wrongful death claim. Acts that directly lead to the death of a person may all be brought to court as wrongful death claims by the survivors of the deceased individual regardless of whether it was intentional, reckless or negligent. Therefore, if you suspect there was more to the death of your loved one, here are steps to take when considering a wrongful death claim.
Consider Asking for an Autopsy
Cause of death is often proved through an autopsy; in light of this, if you suspect that the death of your loved one was somebody else’s fault then you should ask for an autopsy. Of course, there are potential reasons for skipping an autopsy when pursuing a wrongful death claim so you could always consult with an experienced wrongful death lawyer before deciding on an autopsy for a loved one.
Set Up an Estate
When someone dies, they become obviously unable to file lawsuits themselves and according to Iowa law, an estate has to be opened for a deceased person before a wrongful death case can be filed. This is usually because any money compensation received in a wrongful death claim must technically be paid into the estate of the deceased person. Therefore, it is always wise to set up an estate; an experienced Iowa wrongful death attorney can typically offer advice on setting this up.
Hire An Experienced Attorney
Like every other legal process, filing a wrongful death claim is a tedious task that could take a long time to solve. In order for one to settle a wrongful death case, you will have to file documents with the court and get court approval. Because Iowa wrongful death law is a complex field, and not every lawyer is familiar with the rules and procedures needed to handle your case properly, you need to find the right lawyer to handle your case.
If you are unsure about your rights and what you can do, please contact the office of Held & Hines, LLP today. We are more than happy to schedule a time to sit down and talk with you about your situation.