Wrongful Death
I. General Information about Wrongful Death
What to do if there is a possibility of a wrongful death
When questions arise about a death
The Discovery Rule and Time Limitations
II. Wrongful Death Categories
Medical Malpractice
Transportation Accidents
Occupational
Other
III. Compensation
Medical Charges / Funeral Expenses
Loss of Wages
Loss of Support
Loss of Parental Guidance
Loss of Potential Inheritance
Punitive Damages
Multiple Defendants
Jury Adjustments
Other Reductions
IV. Death of the Elderly, Children, or Unborn Children
Elderly
Children
Unborn Children
V. Expert Testimony
VI. Why Hire a Wrongful Death Lawyer-How Do I Choose The Best One For Me?
VII. Frequently Asked Questions
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Contact a Iowa wrongful death / catastrophic injury lawyer representing clients in Ames, Iowa today to schedule your free initial consultation.
The wrongful death / catastropic injury claims and settlement attorneys at the James Law Firm are dedicated to serve their clients in central Iowa, including the cities of Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, Adel, Marshalltown, Pella, Decorah, Knoxville, Eldora, Johnston, Ankeny, and Burlington
, and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Dallas, Marshall, Winneshiek, Marion, Madison, Hardin and Des Moines counties.
JAMES LAW FIRM
Address: 604 Locust St., Suite 630, Des Moines, Iowa 50309
Phone: (866) 566-8291
Fax: (515) 246-8767
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WRONGFUL DEATH
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Death of the Elderly, Children, or Unborn Children
Courts and juries are obligated to determine a price on human life in wrongful death cases. The death of children and the elderly complicate the resolution of financial compensation for a jury. Due to the variations in ages, potentials and more, assistance from a knowledgeable wrongful death attorney will assist in estimating the damages that may be received when bringing a wrongful death action based on the death of a child or an elderly person.
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Elderly.
The death of an elderly person has limited recovery potential and modest awards. Two main reasons apply in this situation. The first is that their earning potential is not considered to be significant; their children are usually adults with their own means of income. The other reason is that since their children are adults, they are not in as much need of emotional support and guidance from their parents as young children would be.
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Children.
The wrongful death of a child conveys even more factors in determining an adequate damage award than an adult. The jury has to review the child's age, sex, and health status as well as their habits and earning potential. Juries also see the relationship a child had with the parents or guardians as well as the health and circumstances of the parents or guardians when determining pecuniary (financial) loss. Other items the jury need to consider is the potential for contributing to the parents' support and how long they may have lived until a natural death. All of these factors confound the issues in a jury's determination even more so with extremely young children. Some speculation is required, yet the courts have varying rules in determining awards. Deciphering these rules is time consuming and qualified wrongful death attorneys have already done this to better assist their clients.
Unborn Children.
Many call unborn children fetuses. Expectant parents are usually looking forward to the new addition, craving the joy of taking care of their child. Many laws do not consider a "fetus" a human being until it takes it first breath, and wrongful death may not occur before this. When the death of an unborn child may be a wrongful death, seeking the advice of a wrongful death lawyer to seek out the laws in the state you are in is advisable.
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