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Seeking damages for the wrongful death of a loved one in Iowa

Many thoughts go through the minds of family members when a loved one dies. While death is an inevitable event, it is an emotional time no matter the cause or circumstances. It is especially difficult for friends and family members to process the tragic event when the life of a loved one is suddenly taken away in a fatal accident. This not only creates emotional grief but could also lead to damages and other losses.

When a loved one is killed in an accident caused by another, family members may be able to file a wrongful death claim. Iowa Code 633.336 outlines the damages for wrongful death. If it is determined that a wrongful act produced the death of a person, damages could be dispersed according to the type of damage or loss it is.

When damages are recovered in a wrongful death suit, the award will most likely passed to the deceased's estate as if it were personal property. If the damages awarded in the suit include damages for loss of service and support of the spouse, parent, child or children of the deceased, the court will apportion the damages among the surviving heirs. If a parent is awarded compensation for the loss of their child, this damage will be subordinate to the recovery, if there is any, of the spouse or child of the decedent.

Navigating a wrongful death claim could be challenging for family members dealing with the recent death of a loved one, which is why it is important that they understand their rights and options regarding their legal remedies and the types of damages they could recover for their losses.

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