Waterloo Wrongful Death Attorney

Waterloo Attorneys

Filing a Wrongful Death Lawsuit in Iowa

When a loved one has been killed in an accident or by negligence, there is nothing that can ever compensate you for that loss. At Ball, Kirk & Holm, P.C., we understand that a person’s care and affection is worth more than any amount of money, but we also know that legal action may be the only way to help someone gain the resources they need to move forward after a wrongful death.

We strive to help our clients move forward by taking legal action that holds wrongdoers accountable. Legal action often leads to compensation for unpaid medical bills and other financial needs your family is experiencing. For many, it can mean the difference between making ends meet and struggling to cope with unexpected financial burdens.

We invite you to learn more about how our Waterloo wrongful death lawyers can help you and your family. Call us at (319) 220-0416 to request a free, no-obligation consultation with our lawyers in Waterloo or Iowa City. 

Understanding Iowa’s Wrongful Death Laws

Notably, Iowa laws do not specifically define “wrongful death.” Rather, a death is generally considered wrongful when it is the result of another person or entity’s negligent, reckless, or unlawful behavior. Essentially, if the death was preventable, you likely have grounds to file a wrongful death claim.

Iowa laws do govern who may bring a wrongful death lawsuit. These individuals include the decedent’s surviving:

• Spouse
• Child/children
• Parent(s)

The administrator of the decedent’s estate may also bring a wrongful death action and seek damages on behalf of the estate. In fact, if the individual who passed away did not have a will, an estate administrator may need to be appointed before the wrongful death case can continue. If this is the case, the administrator will be appointed by a judge.

It’s also important to note that there is a statute of limitations on wrongful death claims in Iowa of two years from the date of death. This means that eligible individuals only have two years to file a claim or they will be barred from recovering damages.

Damages in Wrongful Death Cases

The unexpected death of a loved one is not only emotionally devastating, but it also often brings with it a number of serious financial hardships. If the decedent died due to his or her injuries, families can be left with massive medical bills in addition to funeral costs. On top of this, if the decedent provided income for the family, surviving loved ones can find themselves struggling to make ends meet.

In Iowa, a wrongful death lawsuit can allow you to seek compensation for:

• Medical expenses associated with the decedent’s final treatment
• Funeral and/or burial expenses
• Lost income and other benefits earned by the decedent
• The value of household services provided by the decedent
• Pain and suffering caused by loss of bodily/cognitive function suffered by the decedent
• Loss of love, support, companionship, and guidance
• Loss of consortium
• Costs associated with damaged property repairs

At Ball, Kirk & Holm, P.C., we know that no amount of financial compensation can undo what you have been through. However, a successful wrongful death claim can allow you the ability to recover resources you need to heal without additional, undue stress.

Types of Cases We Handle

Our wrongful death lawyers in Waterloo represent the surviving family members and loved ones of those killed in all types of accidents. Our clients have lost loved ones in devastating truck accidents, as a result of defective products and farm equipment accidents, due to medical malpractice, and as a result of a wide range of other events. Regardless of your situation, we can help.

If you have lost a loved one, you may be worried about the cost of wrongful death litigation. But at Ball, Kirk & Holm, P.C., we take personal injury cases on a contingency basis. This means that we do not collect attorneys’ fees unless you recover compensation.