Auto Accidents
Wrongful Death Frequently Asked Questions
I. General Information about Wrongful Death D. Loss of Parental Guidance
  A. What to do if there is a possibility of a
      wrongful death
  E. Loss of Potential Inheritance
  B. When questions arise about a death   F. Punitive Damages
  C. The Discovery Rule and Time Limitations   G. Multiple Defendants
II. Wrongful Death Categories   H. Jury Adjustments
  A. Medical Malpractice   I. Other Reductions
  B. Transportation Accidents IV. Death of the Elderly, Children, or Unborn Children
  C. Occupational   A. Elderly
  D. Other   B. Children
III. Compensation   C. Unborn Children
  A. Medical Charges/Funeral Expenses V. Expert Testimony
  B. Loss of Wages
C. Loss of Support
VI. Why Hire a Wrongful Death Lawyer-How Do I Choose The Best One For Me?
 
Contact a Iowa wrongful death lawyer representing clients in Waterloo, Iowa today to schedule your free initial consultation."
 

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.

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.

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. 

  Madison County Courthouse Winterset Iowa


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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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

 
If you would like to schedule a free initial consultation contact an Iowa wrongful death attorney, representing clients in Waterloo, Iowa at the Drew Law Firm. Give us a call at (888) 290-5339.
Des Moines, Iowa Attorney practicing in Iowa primarily in Workers' Compensation & Personal Injury. Lawyers at the Drew Law Office are dedicated to serve their clients in 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, Marion, Winneshiek, Madison, Hardin and Des Moines counties.
Memberships and offices in legal fraternities and legal societies, technical and professional licenses, and memberships in scientific, technical and professional associations and societies of law or field of practice does not mean that a lawyer is a specialist or expert in a field of law, nor does it mean that such lawyer is necessarily any more expert or competent than any other lawyer. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. "Filing a claim or suit solely to coerce a settlement or to harass another could be illegal and could render the person so filing liable for malicious prosecution or abuse of process."
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