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How to Prove a Wrongful Death Claim

 Wrongful Death Lawyer Des Moines, IA

wrongful death lawyer Des Moines IAAccording to national statistics, death caused by unintentional injury is the number four leading cause of death. When a loved one is killed because of the actions of another party, the family may be able to pursue a wrongful death claim against that person or entity. Although no money can ever make up for the death of a loved one, wrongful death claims can help the family obtain justice for their loved one’s death, especially if there is never any criminal charges filed against those responsible. A wrongful death lawsuit in Des Moines IA can also help lessen the often overwhelming financial burdens placed on a family after a tragic loss of the victim.
At Johnston Martineau, we help families get the justice they deserve and have built a solid reputation for aggressively advocating for our clients. If you would like to discuss your situation with a wrongful death lawyer from our firm and find out what your legal options may be, contact our office today.
Wrongful Death Claims
According to the laws of Iowa, a wrongful death is the death of a victim caused by another party or parties’ negligent, reckless, or intentional actions or behavior. Some of the more common types of accidents in the wrongful death claims the attorneys from Johnston Martineau have handled include:
  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian and cycling accidents
  • Product liability
  • Dangerous drugs
  • Medical malpractice
  • Premises liability
  • Slip and fall accidents
  • Construction site accidents
  • Work-related accidents
It is important to note that wrongful death lawsuits are filed in civil court. These cases are entirely separate from any criminal charges that may have been filed against the party responsible for the victim’s death. For example, if a person has been charged with drunk driving in a fatal car accident, the process and outcome of those charges will not have any bearing on the civil wrongful death lawsuit the victim’s family may file. In fact, there are many successful wrongful death lawsuits where the responsible party never faced any criminal charges at all.
In order to be successful, a wrongful death lawyer in Des Moines IA must prove the following three elements:
1. The at-fault party at a duty of care to the victim. For example, in a fatal drunk driving accident case, the driver owed a duty of care to all of the other people on the road not to get behind the wheel of a vehicle intoxicated.
2. The at-fault party breached that duty care. Again, using the drunk driving accident as an example, when the driver began driving their vehicle after drinking, that was a breach of that duty of care.
3. That breach of duty caused the accident which resulted in the victim’s death.
Let a Des Moines IA Wrongful Death Lawyer Help
At Johnston Martineau, we offer free, no-obligation case evaluations. We understand how difficult these tragic situations can be and will do everything we can to get your family the financial compensation and justice you deserve for the loss of your loved one. Contact our office today to meet with a compassionate and skilled wrongful death lawyer Des Moines IA clients recommend.