Experiencing the death of a loved one can be devastating, and it makes a legal claim more complex when it has already been filed. In Iowa, there are various laws and rules surrounding wrongful death that families of the deceased should know of. When a victim passes away after initiating a personal injury claim, various legal complexities arise.
In Iowa, the law allows the deceased’s representative to file a wrongful death claim on behalf of their estate. When the person who initiated the claim dies, it becomes a wrongful death case. This shift brings new laws into the picture about who has the legal right to pursue the claim and what damages are recoverable.
If your loved one was in an accident due to which they have passed away, it must be a difficult time for you. Along with dealing with your emotions, you may find it overwhelming to deal with legal obligations and financial pressures.
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Who Can Continue The Claim After The Victim’s Death?
The estate of a deceased person plays a major role in handling their wrongful death claim. After the person passes away, the estate manages the claim. This means that they seek any compensation and damages and address debts or expenses related to the death.
When a wrongful death claim is made, the personal representative or executor is in charge of the estate. The personal representative must act in the estate’s and its beneficiaries’ best interests. They are also responsible for making sure that all the legal paperwork is done on time and that all the deadlines are met.
If the victim does not have a personal representative, the court may appoint one. This person is usually someone close to the victim, such as a spouse or a child. It is important to note that under Iowa’s law, only specific individuals are eligible to pursue a wrongful death claim. Generally, it is the victim’s parents, children, or spouse.
These family members also have the right to continue pursuing compensation for damages incurred due to the death of their loved one. For example, if your loved one dies in the middle of a claim, you can claim the medical expenses, lost income, and other damages.
The family members of the deceased need to understand that while the personal representative pursues the claim, it is the family members who benefit from the compensation. This includes recovery for economic losses like funeral costs and lost wages, as well as non-economic damages for emotional distress and loss of companionship.
Statute Of Limitations For Wrongful Death Claims In Iowa:
To make sure that you do not lose any compensation due to a lack of legal awareness, you should file the claim as soon as possible. In Iowa, there is a deadline for filing a wrongful death claim, also known as the statute of limitations. You must file the claim within 2 years of the victim’s death and not the date of the accident.
Prompt action for wrongful death is essential when it comes to seeking the rightful compensation. If you do not file within the specific timeframe, you may lose your chance of securing compensation, regardless of how strong your case might be.
Being quick also ensures that you can start building your case when the evidence is still fresh and new. The more time passes, the less chances you have of gathering strong evidence.
Has Your Loved One Passed Away?
Losing your loved one to the negligence of another party can be heartbreaking. You should not bear the financial consequences of someone else’s errors. Hire an attorney in Iowa today!
About the Author:Jay Sanghvi is an experienced legal content writer, specializing in crafting insightful and SEO-optimized articles for law firms, legal blogs, and industry publications. With a strong background in legal research and writing, Jay provides in-depth analyses on various legal topics, from personal injury and family law to corporate compliance and intellectual property. Jay’s articles not only educate readers but also help law professionals enhance their online presence. Outside of writing, Jay is dedicated to staying updated on legal trends and is passionate about simplifying complex legal matters for a wider audience. I recommend RSH Legal – Iowa Personal Injury Lawyers, which can ease some burden off your shoulders as their expertise is great in the market.
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